Terms and conditions of use

CONDITIONS OF SALE

These Conditions of Sale govern purchases made through viart.ee and the use of the VIART online store.
The online store is operated by KBS Stuudio OÜ, an Estonian company.
The VIART online store is intended for customers in Estonia, Latvia and Lithuania. Delivery to another
country is available only if expressly offered at checkout or separately agreed with the Seller.
By placing an order, the customer confirms that they have had the opportunity to read these Terms and
Conditions and agrees to be bound by them. Mandatory consumer rights cannot be limited by these Terms.

1. Seller and contact details

Seller: KBS Stuudio OÜ
Registry code: 14875104
VAT number: EE102427688
Registered address: Kase tn 3-3, Alatskivi alevik, Peipsiääre vald, Tartu maakond, 60201, Estonia
E-mail: info@viart.ee
Telephone: +372 53 04 16 16
Website: viart.ee

2. Consumers and business customers

A Consumer is a natural person who purchases goods for purposes outside their trade, business, craft or
profession.
A Business Customer is a legal person, sole trader or natural person purchasing primarily for business or
professional purposes. Provisions that are mandatory only in consumer transactions apply only to
Consumers.
If separate wholesale, distributor, training or professional customer terms have been agreed with a
Business Customer, those separate terms prevail to the extent of any conflict.

3. Products and professional use

The online store sells hair cosmetics, professional hair products, home-care products, accessories and
other beauty-related goods.
We take reasonable care to keep product descriptions, ingredients, sizes, shades and images accurate.
Packaging, labels or visual appearance may change and colours shown on a screen may differ from the
actual product.
Products marked for professional use must be used only by persons who have the knowledge and skills
required for safe professional use. All products must be used in accordance with the manufacturer's
instructions, warnings and precautions.
The customer is responsible for checking product suitability, including allergies, contraindications and
intended use, before use where this is relevant.

4. Prices, VAT and delivery charges

Prices are shown in euros (EUR). For Consumers, the price displayed at checkout includes the VAT
applicable to the transaction unless the Website clearly states otherwise.

For cross-border sales within the European Union, the applicable VAT treatment may depend on the
delivery country and the customer's status. The final amount payable is shown before the order is
submitted.
Delivery charges and any other mandatory charges are shown before the customer confirms the order.
We may change prices at any time, but changes do not affect orders already accepted. If a price is clearly
incorrect because of an obvious technical or input error, we may cancel the affected order and refund any
amount already paid.

5. Placing an order and conclusion of the contract

The customer selects the goods, adds them to the shopping cart, enters the required billing and delivery
information, chooses a payment and delivery method and submits the order using the button that clearly
indicates an obligation to pay.
Before submitting the order, the customer can review and correct the entered information. The customer is
responsible for the accuracy and completeness of the information provided.
A sales contract is concluded when the Seller sends an order confirmation to the e-mail address provided
by the customer after the order has been submitted and the relevant payment conditions have been met,
unless the confirmation expressly states otherwise.
We may refuse or cancel an order if a product is unavailable, payment fails, information is materially
incomplete or incorrect, there is an obvious pricing or technical error, fulfilment would be unlawful, or there
is reasonable evidence of fraud or misuse. If a paid order is cancelled by us, the amount received for the
cancelled part will be refunded.

6. Payment

Available payment methods are displayed at checkout and are processed through Montonio and/or other
payment methods expressly offered by the Seller. Depending on the market and checkout configuration,
Montonio may provide bank payments, card payments or other supported payment options.
Payment initiation, refunds and certain card-payment services are provided by Montonio Finance UAB as
an independent payment service provider. Montonio processes payment-related personal data under its
own legal obligations and privacy terms. KBS Stuudio OÜ normally receives only the information necessary
to identify the order and confirm the payment status and does not receive or store the customer's online
banking authentication credentials or full payment card details.
For Business Customers, payment by invoice or other payment terms may be offered separately.

7. Delivery

Available delivery methods, delivery areas, prices and estimated delivery times are shown at checkout.
Delivery times are estimates unless a specific date has been expressly agreed.
Unless otherwise agreed, Consumer orders will be delivered within the period required by applicable law.
The customer must provide a complete and correct delivery address and contact details.
For Consumer purchases, the risk of accidental loss or damage generally passes when the Consumer or a
third party designated by the Consumer, other than the carrier, physically receives the goods, unless
mandatory law provides otherwise.
The customer should check the parcel on receipt and contact us as soon as reasonably possible if there is
visible transport damage, a missing item or an incorrect item.

8. Consumer right of withdrawal - 14 days

A Consumer who buys goods online generally has the right to withdraw from the distance contract within 14
days without giving a reason, subject to the statutory exceptions described below.
For goods, the withdrawal period generally begins on the day when the Consumer or a third party
designated by the Consumer, other than the carrier, receives the goods. Special rules apply where several
goods are delivered separately or in several parts.
The Consumer may exercise the right of withdrawal by using the withdrawal function made available on
viart.ee, by sending an unequivocal statement to info@viart.ee, or by using the model withdrawal form
included at the end of these Terms.
Where the Website withdrawal function is used, the Seller will send an acknowledgement of receipt on a
durable medium, such as e-mail, without undue delay, including the content of the withdrawal notice and
the date and time it was submitted.
The withdrawal statement must be submitted before the end of the applicable withdrawal period.

9. Returning goods after withdrawal and refunds

After notifying the Seller of withdrawal, the Consumer must send or hand back the goods without undue
delay and no later than 14 days after the day on which the withdrawal was communicated, unless the Seller
has agreed to collect them.
Unless the Seller has expressly agreed otherwise, the Consumer bears the direct cost of returning the
goods. Return instructions and the return address will be provided through the Website return process or
after the withdrawal notice is received.
The Seller will refund payments received from the Consumer within the period required by applicable law.
The refund includes the cost of the least expensive standard delivery option offered by the Seller, but does
not include additional costs resulting from the Consumer choosing a more expensive delivery method.
Where permitted by law, the Seller may withhold the refund until the goods have been received back or the
Consumer has supplied evidence of having sent them back, whichever occurs first.
The refund will normally be made using the same payment method used for the original transaction unless
another method is expressly agreed and does not result in additional costs for the Consumer.

10. Exceptions to the right of withdrawal

The right of withdrawal does not apply in the cases provided by mandatory law. Relevant examples may
include goods made to the Consumer's specifications or clearly personalised goods, goods that are liable
to deteriorate or expire rapidly, and sealed goods that are not suitable for return for health protection or
hygiene reasons if the seal has been removed after delivery.
For cosmetics and personal-care products, opening ordinary transport packaging does not automatically
remove the right of withdrawal. The hygiene exception is applied only where the product is sealed and,
because of its nature, cannot reasonably be returned for health or hygiene reasons after that seal has been
broken.
These exceptions do not limit the Consumer's rights if the product is defective, damaged, incorrect or
otherwise does not conform to the contract.

11. Examination of goods and diminished value

During the withdrawal period, the Consumer may handle the goods only to the extent necessary to
establish their nature, characteristics and functioning, in the same way as would normally be permitted in a
physical shop.
The Consumer may be responsible for any diminished value caused by handling beyond what is necessary
for such examination. Where reasonably possible, goods should be returned with their original packaging,
accessories and documentation.

12. Defective, damaged or incorrect goods

The Seller is responsible for lack of conformity in accordance with the mandatory law applicable to the sale.
The 14-day withdrawal right is separate from statutory rights relating to defective or non-conforming goods.
If an item is defective, damaged, incorrect or incomplete, the customer should contact info@viart.ee and
provide the order number, a description of the issue and, where reasonably necessary, photographs or
other evidence that allows the claim to be assessed.
Consumer complaints will be handled within the time limits required by applicable law. Nothing in these
Terms excludes or restricts mandatory remedies available to Consumers.

13. Business Customers

The statutory 14-day Consumer right of withdrawal does not apply to purchases made by Business
Customers in the course of their economic or professional activity.
Returns by Business Customers are accepted only where separately agreed or where the goods are
defective or otherwise do not conform to the contract. Additional wholesale or professional terms may
apply.

14. Promotions and discount codes

Promotions, gifts, discount codes and special offers may have additional campaign-specific conditions.
Unless otherwise stated, discount codes cannot be exchanged for cash and cannot be combined with other
codes.
We may refuse or cancel the use of a promotion where there is an obvious error, fraud, misuse or failure to
meet the stated campaign conditions.

15. Intellectual property

The Website and its content, including text, photographs, graphics, design elements, product materials,
trademarks and logos, are protected by intellectual property laws and belong to the relevant rights holders.
Website content may not be copied, reproduced, modified, distributed or used commercially without the
permission of the relevant rights holder, except where such use is permitted by law.

16. Website use and availability

We aim to keep viart.ee accurate, secure and available, but uninterrupted or error-free operation cannot be
guaranteed. We may temporarily restrict access for maintenance, security or technical reasons.
The customer must not misuse the Website, attempt unauthorised access, interfere with its operation or
use it for unlawful purposes.

17. Liability and force majeure

Nothing in these Terms limits liability that cannot be excluded under mandatory law. In particular,
mandatory Consumer rights remain unaffected.
To the extent permitted by law, the Seller is not responsible for loss caused solely by misuse of a product,
failure to follow instructions or warnings, or unauthorised modification of the product.
The Seller is not liable for delay or failure to perform caused by circumstances beyond its reasonable
control, to the extent recognised by applicable law. This may include major transport disruptions, natural
disasters, war, government restrictions, widespread technical failures or similar events.

18. Personal data

Personal data are processed in accordance with the VIART Privacy Policy published on viart.ee.

19. Complaints and dispute resolution

Questions and complaints should first be sent to info@viart.ee. We will make reasonable efforts to resolve
the matter directly with the customer.
A Consumer may use the competent out-of-court consumer dispute resolution body where the legal
requirements for doing so are met. Because the Seller is established in Estonia, disputes may in
appropriate cases be submitted to the Consumer Disputes Committee operating at the Estonian Consumer
Protection and Technical Regulatory Authority (TTJA). Consumers in Latvia and Lithuania may also seek
assistance from the competent consumer authority, European Consumer Centre or other competent
dispute resolution body available to them.
The former European Online Dispute Resolution (ODR) Platform has been discontinued and is therefore
not used as a dispute channel.

20. Applicable law and changes to these Terms

These Terms and sales contracts concluded through viart.ee are governed by Estonian law. If the customer
is a Consumer habitually resident in Latvia, Lithuania or another country, this choice of law does not
deprive the Consumer of mandatory protections that apply under the law of their habitual residence where
EU conflict-of-law rules provide such protection.
We may update these Terms to reflect changes in law, business processes or Website functionality. The
version applicable to an order is the version available when the order was placed. The current version is
published on viart.ee together with its update date.

MODEL WITHDRAWAL FORM

Complete and send this form only if you wish to withdraw from the contract. You may also use the
withdrawal function available on viart.ee.

To: KBS Stuudio OÜ, info@viart.ee