Terms & Conditions
The present sale terms (hereinafter, “Sale Terms”) regulate the agreement between the company Pungits Ltd., Tartu, Estonia with the Commercial Registry of Estonia (“Pungits”) and the customer (“Customer”) formalised through the website www.pungits.com (the “Website”) for purchasing the products from Pungits via the Website.
Eligibility to Purchase
In order to place an order through the Website, the Customer must be 18 years or older and be the final consumer. Minors are expressly excluded.
If the Customer decides to register as a user at www.pungits.com web-site, the Customer will be automatically registered as such in our system. The rights and benefits arising from being registered are the ones indicated under the section at www.pungits.com.
How to Place an Order
Placing an order through Pungits Website consists of the following steps:
1. Choose the products that you like and add them to “Your Bag”.
2. Proceed to check out
3. Enter the delivery and billing information.
4. Choose a method of payment and click on “Send Order”. By activating the “Send Order” button on the order form, the Customer fully and without reservation accepts all the Sale Terms as per the Website at the moment of contracting.
5. Make the payment.
6. If the payment is authorised, the Customer will receive confirmation of receipt of the order. With the exception of the circumstances described in Sections below, this confirmation constitutes acceptance by Pungits of the Customer’s order and creates a binding agreement between Customer and Pungits.
It is recommended that the Customer prints and/or saves a copy of the Sale Terms when placing the order.
A copy of the confirmation of receipt will be sent to the Customer’ e-mail address. It is recommended to print or download the copy for possible future consultation.
Pungits may change the Sale Terms at any time, without prior notice to the Customer. However, Pungits will announce such changes on the Website. Also, once the Customer has received confirmation of receipt from Pungits of his/her order, the Sale Terms applicable to that order will not be changed.
Availability of Products
The completion of an order through the Website is subject to the availability of the garments. Pungits attempts to guarantee stock of all garments on sale.
If the product ordered is not available or there is no stock of it, the Customer will be informed by e-mail and refunded the amount paid within 30 days of the payment.
Pungits’ Right to Cancel or Not Accept an Order
Pungits reserves the right to reject any order as well as cancel or not accept a confirmed order for, amongst others, the following reasons:
- There was a technical or pricing error on the Website at the time the order was placed. Please try again later
- The ordered product is not available.
- The billing information given was incorrect or unverifiable.
- Security systems indicate that the order is abnormal or may be fraudulent.
- There is a reason to believe that the Customer is under 18 years of age.
- Pungits has been unable, after 3 attempts, to deliver the order at the address provided.
If an order is cancelled for any of the above reasons, Pungits will refund (if applicable) the value of the order. Delivery expenses are never refunded, except in certain circumstances.
Verification of Data
Prior to processing an order placed by the Customer, Pungits may verify the Customer’ data. This may involve verification of the address and solvency of the Customer, and whether fraud is involved. With respect to possible fraud, Pungits may use partially automatic verification of all purchases in order to filter out those considered abnormal or suspicious and those suspected of fraud. Orders suspected of fraud will be investigated, and the Customer may be reported to the appropriate authorities, which may prosecute.
Price and Payment
1. Prices and Currency
The prices and offers presented on the Website include Value-Added Tax (“VAT”) and are valid only for orders placed on-line through the Website. These prices and offers may not coincide with those available in other Pungits shops throughout the world.
Prices are given in Euros. Should the Customer change the delivery country while browsing the Website, prices may as of that moment be expressed in a different currency.
Pungits informs that changing the delivery country may have an impact on the price due to the exchange rate or the prices specific for that country.
2. Method of Payment
To pay for the order the Customer may use the following credit or debit cards: Visa, Visa Electron, MasterCard, Maestro or American Express, or PayPal. The charge will be made upon confirmation of the order.
3. Changes in Price
The prices shown on the Website are subject to change. Pungits reserves the right to change prices without prior notice. However, once the confirmation of receipt of an order is received from Pungits, the price payable in respect of that order will not be changed.
Pungits informs that despite careful updates of the Website the prices shown may be erroneous. Any prices shown in error will be amended as soon as possible and shall not be binding on Pungits.
4. Value-Added Tax
To comply with current VAT distance selling regulations, deliveries will be assumed to take place in the Member State indicated in the shipping address.
Thus, any purchase made through the Website will be subject to VAT. The VAT will be at the legal rate in effect in the Member State where the goods of a given order are to be delivered.
Customers outside VAT territories: according to Pungits® VAT policy, customers in these areas purchasing from the Website will be charged VAT when placing an order.
Conditions Applicable to Promotional Codes (Discounts)
1. When promotional codes are used according to their terms and conditions, they are applied for a single discount on a purchase of a single product or a discount on an order for the time indicated by the promotional code.
2. Promotional codes are personal and may not be transferred. They may only be used for purchases on the Website. The Customer may not sell, exchange, or assign the promotional code. The promotional code may not be uploaded or disclosed through websites or other media making public offers, gifts, sales, or exchanges. Promotional codes may not be used for commercial purposes.
3. Only one promotional code can be used per product and per order. Promotional codes may not be combined with any other special offer or promotion.
4. Promotional codes may not be exchanged for money.
5. Pungits is under no obligation to reissue or refund promotional codes. However, if Pungits decides at its own discretion to reissue or refund promotional codes, the Customer’ promotional code would be needed to do so. Thus the Customer is asked to always keep a copy of the promotional code, without which it cannot be reissued or refunded if lost.
6.Pungits reserves the right to void a promotional code immediately if it suspects that it is being used in violation of any of the above conditions or in any other improper manner or if it has reasonable grounds for voiding it.
Validity of Offers (“Sales in Promotion”)
The promotional offers shown on the Website to increase the sales of certain products are valid only while they appear on the Website, unless otherwise specified thereon.
1. These Sale Terms set out the full extent of Pungits´s obligations and liabilities in respect of the supply of the products. There are no warranties, conditions or other terms that are binding on Pungits except as expressly stated in the Sale Terms.
2. Subject to clause 9.4, the maximum aggregate liability of either party to the other on all claims of any kind under or related to these Sale Terms, whether in contract, warranty, condition, tort, strict liability, statute, or otherwise, SHALL BE LIMITED TO THE AMOUNT PAID TO PUNGITS FOR THE PRODUCT IN QUESTION.
3. Subject to clause 9.4, IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, CONDITION, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES.
4. Nothing in these Sale Terms shall limit or exclude Pungits’ liability for (i) death or personal injury caused by Pungits’ negligence, (ii) fraud, (iii) any breach of the obligations implied by applicable compulsory national laws or (iv) any liability which cannot be excluded by law.