Terms and Conditions
GURM.EE CONDITIONS OF USE
1. GENERAL PROVISIONS
1.1. In this document, the definitions shall be used with the following meaning:
1.1.1. Consumer – natural person who is acting with a purpose that is not associated with their business or professional activity;
1.1.2. Trader – legal person who is acting with a purpose that is associated with their business or professional activity;
1.1.3. Goods – item or right being offered, sold or marketed in some other manner;
1.1.4. Service – benefit, which is not goods, being offered, provided or marketed in some other manner, or some other performance being offered or carried out;
1.1.5. Order – declaration of intention to enter into a contract by contractual parties communicated through means of communication;
1.1.6. Wholesale trade – resale and mediation of goods to commercial consumers, institutions, organisations.
1.2. Website GURM.EE is an internet-based online store and sales environment for Goods and Services made available by ALMERC HOLDING OÜ, registry code 10906894, VAT no. EE100796120, address Õie 2-11, Tallinn; e-mail address: INFO@GURM.EE , (hereinafter GURM.EE). By using GURM.EE and purchasing Goods/Services, the Consumer shall confirm their consent to the GURM.EE conditions of use and other information made available to the Consumer.
1.3. Invalidity of a provision provided in the GURM.EE conditions of use due to a conflict thereof with the law shall not bring about the invalidity of other provisions.
1.4. Images of Goods provided in the GURM.EE sales environment shall have an illustrative meaning.
1.5. An Order in GURM.EE can be independently placed by a person with active legal capacity (an adult, person who has become 18 years of age). Liability for the consequences of an Order placed by a person who does not comply with the requirements shall lie with the person whose bank account or credit card was used to make the payment.
1.6. ALMERC HOLDING OÜ shall have the right to refuse to execute the Consumer’s Order, provided that the Consumer has not complied with the terms and conditions, instructions or orders of GURM.EE, ALMERC HOLDING OÜ or the service provider.
1.7. GURM.EE Service shall not be provided to a legal person nor to a distributor and retailer of goods.
2. USING GURM.EE
2.1. The Consumer shall be obligated to place the orders for Goods/Services and make the payments according to the GURM.EE conditions and instructions of use.
2.2. ALMERC HOLDING OÜ shall have the right to refuse to execute the order communicated by the Consumer, provided that the Consumer has not paid for the Goods or the Service or if the Consumer’s credit card does not have available funds for the transaction.
2.3. Upon using GURM.EE, the Consumer shall be obligated to ensure the accuracy of the information submitted by them and not use the sales environment for carrying out unintended transactions.
2.4. The Consumer shall not have the right to copy, reproduce, distribute, communicate, alter or use the sales environment and parts thereof in any other similar manner without the written permission of ALMERC HOLDING OÜ.
3. GOODS, PRICE OF GOODS, QUANTITY OF GOODS AND DELIVERY CHARGE
3.1. The price of Goods in euros, inclusive of value added tax, selected at the moment of placing the Order shall be applicable to the Goods of GURM.EE as follows:
3.1.1. Upon coming to collect the Goods at the store, the Consumer shall pay the price in euros, inclusive of value added tax, specified for the Goods at the store at the moment of making the purchase;
3.1.2. Upon delivery of the Order via a courier, the Consumer shall pay the price in euros, inclusive of value added tax, specified in the GURM.EE sales environment at the moment of making the payment. In the event that the sales price (campaign price) of the product has changed by the date of delivering the Goods, the price applicable at the moment of placing the Order shall remain in force;
3.1.3. For weighed products, the final price of Goods shall be the price corresponding to the actual weight of the Goods. The Trader shall refund the price difference of the weighted product ordered and paid for to the Consumer’s bank account within 14 (fourteen) calendar days after the date of delivering the Order at the latest;
3.1.4. The Trader shall have the right to change the price of Goods sold in GURM.EE;
3.1.5. Upon delivering the ordered Goods via a courier.
We do not make deliveries on Saturday, Sunday and National Holidays.
The delivery charge shall be:
A) NEXT DAY DELIVERY 12,00 – 14,00 and 18,00 – 20,00 (possible only for orders received BEFORE 21,00 o’clock):
Tallinn area next day delivery €7,69. No delivery charge shall be applied to orders over €49,99.
Great Tallinn Area (Tabasalu, Tiskre, Kakumäe, Laagri, Kangru, Jüri, Pirita, Viimsi) for €11,99. No delivery charge shall be applied to orders over €69,99.
B) SAME DAY DELIVERY from 18,00 – 20,00 (possible only for orders received BEFORE 13,00 o’clock):
Tallinn area same day express delivery 7,69€. No delivery charge shall be applied to orders over €49,99.
Great Tallinn Area(Tabasalu, Tiskre, Kakumäe, Laagri, Kangru, Jüri, Pirita, Viimsi) for €11,99. No delivery charge shall be applied to orders over €69,99.
3.1.6. Delivery charge via a courier shall be displayed for the Consumer upon placing the Order.
3.2. The Trader shall have the right to establish a limit on the maximum quantity of Goods to be ordered by the Consumer.
3.3. A deposit, the amount of which has been displayed next to the Goods as a separate price, shall be added to the beverage packaging of Goods marked with a deposit sign.
3.4. With the consent of the Consumer, the Trader may substitute the Goods ordered in the Order with an equivalent replacement product in terms of its properties, quantity and price. In the event that there is no equivalent replacement product and there is a price difference between the ordered Goods and the replacement product, the Trader shall refund the Consumer for the cost of the Goods ordered and paid for or the difference thereof within up to 14 (fourteen) calendar days to the Consumer’s bank account.
3.5. In the event that the Consumer does not accept the replacement product, the Trader shall refund the Consumer for the cost of the Goods ordered and paid for after the Consumer has returned the replacement product to the Trader.
3.6. If necessary, the Trader shall have the right to contact the Consumer for obtaining an approval for the replacement Goods over the phone.
4. PLACING AND CONFIRMING AN ORDER
4.1. In GURM.EE, orders can be placed either as a registered user or as a guest. Order history shall be available in the GURM.EE sales environment only for registered customers.
4.2. To order the Goods, the Consumer shall select the suitable Goods in the GURM.EE sales environment and add the products to the shopping basket. The Consumer can modify the contents of the shopping basket until confirming the Order and before paying for the Goods.
4.3. In order to place the Order, the Customer shall fill in the required data fields in the sales environment, select the method of delivery door to door (same day 18.00 – 20.00, next day 12.00 – 14.00 and 18.00 – 20.00).
4.4. The CUSTOMER must specify in a written comment the location and time of collecting the Order (date and time) if the Customer wish a delivery after 1 working day as proposed by GURM.EE web shop by default. Same delivery fee will apply as per next day delivery.
4.5. An Order can be placed a maximum of 1 (one) week before the desired time of collecting the Order. In case the Consumer wants a delivery data different from offered ones in Gurm.ee checkout phase a written comment to the ORDER Checkout must be written by the Consumer specifying which date is requested for the delivery.
4.6. Consumer purchasing alcoholic beverages (incl. also alcohol-free beer, cider, wine) products as a guest shall confirm that they are at least 18 years of age before placing the Order.
4.7. Before placing the Order, the Consumer shall confirm that they are aware that the ordered Goods cannot be delivered to a child care institution, medical facility or detention facility.
4.8. The Consumer shall be obligated to check the content of the Order prepared by them, the quantity and compliance thereof with the Order before confirming the Order and making the payment. The content of the confirmed Order cannot be changed subsequently.
4.9. Once the Trader receives the Order, the Trader shall send an automated confirmation e-mail to the Consumer.
4.10. In the event of inaccuracies or mistakes in the Order (unrequested goods or quantities), the Consumer shall have to promptly contact the Trader’s customer service via e-mail.
4.11. The Trader shall not be liable for damages or any other consequences arising in the course of executing the Order due to inaccurate data submitted by the Consumer or upon waiving the Order.
5. WAIVING AN ORDER
5.1. The customer shall have the right to waive the paid Order by notifying GURM.EE customer service by emailing GURM.EE’s contact INFO@GURM.EE :
- within 30 minutes from order confirmation time for same day deliveries.
- within 8,00 o'clock of delivery day for orders with delivery next day between 12,00 and 14,00.
- within 8,00 o'clock of delivery day for orders with delivery next day between 18,00 and 20,00.
5.2. In the event that the Customer gives notice of waiving the Order shorter than the timing stated at point 5.1, the Trader shall have the right to withhold the full delivery fee of the order confirmation without regard of any free delivery option granted to the Consumer in the checkout phase.
5.3. If necessary, the Trader shall have the right to cancel the execution of the Order by notifying the Consumer thereof over the phone or via email together with providing a reason for cancellation. In the event that the Trader cancels the execution of the Order, the cost of the Order shall be refunded to the Consumer’s bank account within 14 (fourteen) calendar days after the moment of cancelling the Order at the latest.
6. CHANGING THE TIME OF EXECUTING THE ORDER
6.1. The Consumer shall have the right to express their desire to change the time of collecting the Order by notifying GURM.EE’s customer service via the e-mail address provided in the Order confirmation (INFO@GURM.EE)within the following time frame:
- within 15,00 o'clock for same day deliveries.
- within 8,00 o'clock of delivery day for orders with delivery next day between 12,00 and 14,00.
- within 8,00 o'clock of delivery day for orders with delivery next day between 18,00 and 20,00.
6.2. If possible, the Trader shall take the Consumer’s wishes into consideration by notifying the Consumer thereof via e-mail or over the phone.
6.3. The Trader shall have the right to not change the time of collecting the Order.
7. PAYING FOR THE ORDER
7.1. The Consumer shall have the option to pay for the Order in full as an advance payment in the GURM.EE sales environment using a suitable bank link, or debit/credit cards.
7.2. The Consumer shall pay for the entire Order in full as an advance payment in the GURM.EE sales environment.
8. DELIVERY AND HANDOVER OF THE ORDER
8.1. Delivery of the Order via a courier:
8.1.1. Upon delivery of the Order by a courier, the Consumer shall have to choose a suitable date and time and specify the delivery address upon placing the Order.
8.1.2. The courier shall deliver the ordered Goods to an address in Tallinn and its near vicinity specified by the Consumer (“Grand Tallinn Area” include ONLY: Tabasalu, Tiskre, Kakumäe, Laagri, Kangru, Jüri, Pirita, Viimsi).
8.1.3. Orders shall be delivered and handed over from Monday to Friday at 12,00 – 20,00, excl. public holidays.
8.1.4. The courier shall notify the Consumer of the estimated time of delivering the Order via an SMS or a CALL.
8.1.5. In the event of a delay in the delivery of the Order, the courier shall notify the Consumer thereof over the phone, agreeing on a new delivery time. In the event that a new delivery time cannot be agreed on, the Consumer shall have the right to waive the Order. In the event of waiving, the Trader shall refund the cost of the Order to the Consumer’s bank accounting within 14 (fourteen) calendar days at the latest.
8.1.6. The Consumer shall be obligated to ensure the receipt of the ordered Goods at the time period (12.00 – 14.00 or 18.00 – 20.00) and address specified in the Order.
8.1.7. In the event that the Consumer fails to ensure the receipt of the ordered Goods at the arrival of the courier at the address specified by the Consumer or if the handover of Goods proves to be impossible due to a circumstance dependent on the Consumer, the Trader shall have the right to deem the Order to be waived and to cancel it. In the case the Consumer does not claim a new delivery schedule by contacting GURM.EE within 60 minutes from the SMS of the courier. The Trader shall retain 15% of the value of the Order and the courier’s delivery charge (as per point 5.2).
8.1.8. An Order that includes alcoholic beverages and alcohol-free beer, cider and wine shall only be handed over to an adult Consumer upon presenting an identification document that the courier shall be entitled to photograph and register the last five (5) digits of the presented document in order to verify that the age has been checked or to refuse to hand over the aforementioned products if the document is not presented.
8.1.9. Trader’s delivery service shall include delivering the Goods door-to-door, incl. also in apartment buildings.
8.1.10 Upon transporting foodstuff to be preserved at a special temperature, the Trader shall ensure that the cold chain of the Goods is not interrupted.
9. RETURNING GOODS AND REFUNDS
9.1. Upon the receipt of the ordered Goods, the Consumer shall be obligated to immediately check the compliance of the Goods with the Order. Damaged or defective products included among the ordered Goods and the quantities thereof shall be specified on the returns form of the Goods and immediately handed over to the courier. The Trader shall refund the amount paid for the returned damaged or defective products to the Consumer. Later complaints shall only be accepted by unquestionable decision of the Trader.
9.2. Risk of damage to or loss of Goods shall transfer from the Trader to the Consumer at the moment of receiving thereof.
9.3. The Consumer shall have the right to withdraw from the contract within 14 (fourteen) calendar days after receiving the Goods, excl. clause 53 (2) 9) of the Law of Obligations Act (LOA), according to which the 14-day right to withdraw from the contract shall not apply in the event of purchasing foodstuffs, beverages and/or other Goods intended for everyday consumption which are delivered during frequent and regular tours of the Trader to the residence, seat or workplace of the Consumer. The Trader will refund the Consumer within 14 days of order value included transport fee.
9.3.1. The 14-day right to withdraw shall not be applicable to the following product groups:
126.96.36.199. Goods which spoil or expire quickly, incl. cooled and frozen and other similar highly perishable Goods;
188.8.131.52. Goods which are not suitable for return due to health protection or hygiene reasons;
184.108.40.206. Goods which are, after delivery, according to their nature, inseparably mixed with other items.
9.4. Goods ordered from GURM.EE that are being returned can be accepted by the Trader’s at its store following to the Consumer’s application by emailing a form that will be supplied by GURM.EE via email. This form must be filled by Consumer indicating order data, the products the Consumer want to return and the reason for return.
9.5. Goods to be returned by the Consumer shall not be spoiled, damaged or used in any manner, and the Goods to be returned shall be in their original packaging. In order to ensure the nature, properties and operation of the Goods, the Consumer shall handle the Goods in a manner that is usually permitted by the store.
9.6. Costs associated with returning the Goods shall be covered by the Consumer.
10. SUBMITTING COMPLAINTS
10.1. The Trader shall be liable for the nonconformity or defects of Goods ordered and sold via the GURM.EE sales environment that were present on the Goods already at the moment of the handover of the Goods, and the Consumer shall have the right to demand the Consumer to perform an obligation, pay compensation for the damage or reduce the price, or to withdraw from the Contract.
10.2. The Trader shall not be liable for the nonconformity of Goods that is caused by the activity or failure to act by the Consumer, incl. abnormal use of the Goods or failure to observe appropriate storage conditions.
10.3. In the event of nonconforming Goods, the Consumer shall submit a written complaint to the e-mail address INFO@GURM.EE . The grounds for the complaint shall be a document verifying the purchase (receipt).
10.4. The Trader shall not be liable for damages or any other consequences arising due to incorrect data submitted on the Order by the customer, incl. delays in the delivery of the Goods, provided that the delay is caused by circumstances that the Trader was not able to affect.
11. PROCESSING PERSONAL DATA
11.1. The data controller of the Consumer’s personal data shall be ALMERC HOLDING OÜ, registry code 10906894, VAT no. EE100796120, address Õie 2-11, Tallinn; e-mail address: INFO@GURM.EE and data processors of the Trader shall be takeout.ee – provider of service for the delivery of orders www.takeout.ee (Takeout OÜ) – provider of service for the delivery of orders, registry code 12718292, ziticity.com (UAB „Miesto Logistika“) 304606991, address S. Stanevičiaus g. 96A-46, LT-07103, Vilnius, Lithuania, payment service provider – Maksekeskus AS, registry code 12268475, Harju maakond, Tallinn, Niine 11, 10414.
11.2. Personal data shall be any data concerning an identified or identifiable natural person, regardless of the form or format in which such data exist. In GURM.EE, the Consumer’s personal data shall include the contact information of the Consumer, incl. username, password, e-mail address, postal address, telephone number and bank account number.
11.3. The Trader shall process the Consumer’s personal data for the purpose of identifying the Consumer, providing services, placings Goods orders, billing and delivery, incl. performing the contract or sending notices or carrying out activities necessary to ensure thereof.
11.4. The Consumer shall, at any time, have the right to peruse or demand that their personal data is amended, specified and that the processing thereof is ceased or that personal data is deleted pursuant to the Personal Data Protection Act, excl. in cases provided in the law.
12. FINAL PROVISIONS
12.1. The Trader shall have the right to amend the conditions of use of the GURM.EE sales environment unilaterally and without a prior notice. Supplements and amendments to the conditions of use shall become effective on the day of disclosing thereof, unless provided otherwise in the supplements and amendments.
12.2. The parties shall resolve disagreements arising from the performance, amendment or termination of the contract by way of negotiations.
12.3. In the event of a failure to reach an agreement, the Consumer shall have the right to turn to the Consumer Disputes Committee of the Consumer Protection Board or to the European Union consumer counselling centre operating at the Consumer Protection Board through the relevant ODR platform to protect their rights in order to resolve the dispute extrajudicially.
12.4. Legislations of the Republic of Estonia shall be applicable to the legal relationships between the Consumer and GURM.EE, and disputes shall be resolved in Harju County Court.