10. DELIVERY
Notwithstanding clause 8 above regarding product availability and save for extraordinary circumstances, we will end favour to send the order consisting of the product(s) listed in each Shipment Confirmation prior to the date indicated in the Shipment Confirmation in question or, if no delivery date is specified, in the estimated timeframe indicated when selecting the delivery method and, in any case within a maximum period of 30 days from the date of the Order Confirmation. Nonetheless, there may be delays for reasons such as the customization of products, the occurrence of unforeseen circumstances or the delivery zone. If for any reason we are unable to comply with the delivery date, we will inform you of that situation and we will give you the option to continue with the purchase, establishing a new delivery date, or cancel the
order with full reimbursement of the amount paid. Keep in mind in any case that we do not make home deliveries on Saturdays or Sundays or public holidays. For the purposes of these Terms and Conditions, "delivery" shall be understood to have taken place or the order "delivered" as soon as you or a third party indicated by you acquires physical possession of the goods, which will be evidenced by the signing of the receipt of the order at the agreed delivery address.
11. INABILITY TO DELIVER
If it is impossible for us to delivery your order, we will attempt to find a safe place to leave it. If we cannot find a safe place, your order will be returned to our warehouse. We will also leave a note explaining where your order is located and what to do to have it delivered again. If you will not be at the place of delivery at the agreed time, we ask you to contact us to organise delivery on another day. If after 30 days from the date your order is available for delivery, the order could not be delivered for reasons not attributable to us, we shall assume that you wish to cancel the Contract and it will be terminated. As a result of the termination of the Contract, we will return to you all payments received from you, including delivery charge (except for any additional costs resulting from your choice of any delivery method other than the least expensive ordinary delivery method that we offer) without any undue delay, and at any rate, within 14 days of the date on which we deem this Contract to have been terminated.
Please keep in mind that transport derived from the termination of the Contract may have an additional cost which we will be entitled to pass on you.
12. TRANSMISSION OF RISK AND OWNERSHIP OF THE PRODUCTS
The product risks shall be your responsibility from the moment of delivery as defined in clause 10 above. You will take ownership of the products when we receive full payment of all amounts due in relation to the same, including delivery fees, or at the moment of delivery (as defined in clause 10 above), if that were to take place at a later time.
15. RETURN POLICY
15.1 Legal right of withdrawal
Right of withdrawal
If you are contracting as a consumer, you have the right to withdraw from the Contract, within 14 days, without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods or in case of multiple goods in one order delivered separately, after 14 days from the day on which you acquire, or a third part other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right of withdrawal, you may notify at AZERFASHION OÜ under the commercial name AZERFASHION, write email to us or using the chat accessible through our website, of your decision to withdraw from this Contract by an unequivocal statement (example, a letter sent by email). You may use the model withdrawal form as set out in Annex, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this Contract, we shall reimburse to you all payments received from you, including the costs of delivery to the original delivery place (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this Contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction. In any event, you will not incur any fees as result of such reimbursement. Notwithstanding the foregoing, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back return them by Courier arranged , without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this Contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You are only liable for any diminished value of the goods resulting from the handing other than what is
necessary to establish the nature, characteristics and functioning of the goods.
15.2 Contractual right of withdrawal
In addition to the legally recognised right to cancel for consumers and users, mentioned in clause 15.1 above, we grant you a period of 14 days from Shipment Confirmation to return the products (except those mentioned in clause 15.3 below, for which the right to cancel is excluded).
In case you return the goods within the contractual term of the right of withdrawal, but once the statutory period has expired, you will be reimbursed, only, with the amount paid for said products, which means that the delivery costs will not be reimbursed.You may exercise your right of withdrawal in accordance with the provision of clause 15.1 above, however should you inform us about your intention of withdrawing from the Contract after the legal term for. withdrawal, you shall, in any case, hand the goods over to us within the 30 day term as from the Shipment Confirmation.
15.3 Common provisions
You shall not have the right to cancel the Contract when it is for the delivery of any of the following Products:
- Customised items;
- Sealed goods which are not suitable for return due to hygiene reasons and were unsealed after delivery.
Your right to cancel the Contract shall apply exclusively to the products that are returned in the same conditions in which you received them. No reimbursement will be made if the product has been used more than just opening it, for products that are not in the same condition as when they were delivered or when they have been damaged, so take care of the products(s) while in your possession.
Please return the products using or including all their original packaging, instructions, and other documents, if any, accompanying the products. In any case, you must send the product to be returned together with the ticket which you will have received when the product was delivered. You will find a summary on exercising this cancellation right when you receive the order.
Upon cancellation, the respective products shall be returned as follows:
You can return the product directly to the address outlined on the receipt received on
delivery of the product. We ask you to return the product without delay, together with the receipt to the address outlined on the receipt. You will be responsible for the return costs. Please note that After examining the article, we will inform you of whether you have the right to reimbursement of the amounts paid. Delivery costs will not be reimbursed. The refund. Of goods of cost will be paid as soon as possible and, in all cases, within 14 days from the date on which you notified us of your intention to cancel. Notwithstanding the foregoing, we may withhold the reimbursement until we have received the goods back, or until you have supplied evidence of having sent back the goods, whichever is the earliest. The refund will always be paid using the same payment means you used to pay for your purchase. You shall assume the cost and risk of returning the products to us, If you have any questions, you can contact us via the chat accessible through our website or write email to us.We inform you that by dialing customer calling centre you will be charged on your mobile operator set tariffs as calling abroad. The customer support center will provide services in English language.
15.4 Returns of defective products
In the cases in which you consider that at the moment of delivery the product is not as stipulated in the Contract, you must contact us immediately via the chat accessible through our website, providing the product details and the damage sustained. Firstly you must be inform us by email then you can return the product by delivering it to a Courier who we will send to your home. You must return the product together with the ticket that you will receive with the product when it is delivered. We will carefully examine the returned product and will notify you by e-mail within a reasonable period if the product may be refunded or replaced (as appropriate). The refunding or replacement of the article shall take place as soon as possible and in all cases within 14 days from the date on which we send you an email confirming the that refund or replacement of the product is going ahead. The amounts paid for the products returned due to any damage or defect, when it actually exists, will be reimbursed in full, including the delivery costs related to sending the article and the costs to you for returning it to us. The refund shall be paid by the same payment means you used to pay from the purchase. All rights recognised in current legislation shall be, in any case, safeguarded.
15.5. Right of withdrawal and return for orders from abroad
If you have ordered products from outside Estonia from another EU member state via this website the above clauses 15.1, 15.2, 15.3 apply with the restrictions that the collection by a courier commissioned by us can only be made from the original delivery address within Estonia. At the same time we would like to inform you that we are under no circumstances (with exception of
clause 15.4 to which this clause does not apply) obliged to pay shipping costs to destinations other than the original delivery address nor the return costs from destinations outside Estonia.
ANNEX
Model withdrawal form
(complete and return this form only if you wish to withdrawal from the contract)
To AZERFASHION OÜ,, operating as under the trading name AZERFASHION,,
I hereby give notice that I withdraw from my contract of sale of the following goods:
Ordered on/received on
Name and surname of consumer
Address of consumer
Signature of consumer (only if this form is notified on paper)
Date