1. Validity of Terms of Sale
   1.1 The Terms of Sale apply to the rights and obligations arising from the purchase of products between Engasco’s customers (hereinafter the Customer) and Gardek, registry code 16089976, address Tule 10, Saue 76505, Estonia (hereinafter Engasco)

1.2 In addition to these terms and conditions, the legal relations arising from the purchase of Engasco products are regulated by the legislation in force in the Republic of Estonia.

1.3 Engasco reserves the right to make changes to the terms of sale and sales prices. These changes will be reflected on the Engasco.eu website.

2. Prices

2.1 All prices on the Mac Engasco website include 22% VAT.

2.2 The discount percentages shown are rounded to the nearest whole number.

3. Making an order

3.1 To order products, find the suitable products and add them to the shopping cart. You can view the contents of your shopping cart by clicking on the shopping cart icon in the header of the web page.

3.2 The quantities of products in the shopping cart can be changed by entering the number of desired products in the quantity box. You can remove products from the shopping cart by clicking on the cross on the same line.

3.3 Before placing an order, please choose a suitable delivery method for parcel delivery. From the purchase of 59€, delivery of the goods domestically is free.

3.4 To place an order, click on the “place an order” button. If you are already a registered Engasco user, log in to your account. If you are ordering products for the first time, click “register” and enter your contact information.

3.5 To confirm the order, press the “order and payment” button. A prepay invoice will then be issued to you, which you can pay immediately via credit card, bank link, or bank transfer. An order confirmation and a copy of the invoice will be sent to your email address. Order history and invoices can be managed under the “account” icon.

3.6 We will post the products after paying the invoice.

4. Entry into force of the sales contract

4.1 The customer commits himself/herself to the order and the pay for it after clicking the “order and pay” button.

4.2 The sales contract enters into force from the moment the total amount of the order has been received in the account of Gardek OÜ.

4.3. The Customer has the right to notify Engasco of the wish to withdraw from the contract and demand a refund of the full amount paid within 14 days of receiving the package or placing an order if the package have not yet reached the Customer. Purchased products cannot be returned if the ordered products have been made as a special order taking into account the personal needs of the Customer. The returned products must not have been used and must be in the original packaging. The direct costs of returning the products must be covered by the Customer. The products must be returned within 14 days from the submission of the withdrawal application.

5. Delivery

5.1. After the sales contract enters into force (payment of the invoice by the Customer), Engasco will complete the order and hand it over to Engasco’s logistics partner (s) for delivery.

5.2. If you used the domestic Omniva / DPD / Itella Smartpost parcel machine service, the order will be placed from the parcel machine selected by the Customer in Estonia within 1-3 working days. When the order arrives at the parcel machine, a message is sent to the Customer’s mobile phone, which contains the location of the parcel machine, opening hours and a personal door code. When entering the code on the touch screen of the parcel machine, the door of the parcel machine will open and the Customer will receive the parcel. Shipments are stored free of charge in the SmartPOST parcel machine for 7 calendar days from the arrival of the message on the Customer’s mobile phone. The package is then returned to Engasco.

5.3. If you used the international Itella Smartpost parcel machine service (applies only to Finnish customers), the order will be placed from the parcel machine chosen by the Customer in Finland within 3-5 working days. When the order arrives at the parcel machine, a message is sent to the Customer’s mobile phone, which contains the location of the parcel machine, opening hours and a personal door code. When entering the code on the touch screen of the parcel machine, the door of the parcel machine will open and the Customer will receive the parcel. Shipments are stored free of charge in the SmartPOST parcel machine for 7 calendar days from the arrival of the message on the Customer’s mobile phone. The package will then be returned to Engasco.eu

5.4. If you used the international Itella Smartpost post office service (extends only to Finnish customers), the order will be placed to the post office chosen by the Customer in Finland within 5-7 working days. When the parcel has reached its destination, the Customer will be notified of the arrival of the parcel in the mailbox. The shipment will be stored at the post office for 14 calendar days from the arrival of the parcel at the post office. The package is then returned to Engasco.

5.5. Products damaged during transport, but not product packaging, will be replaced to the Customer. In the case it is impossible to replace the product, the Customer will be reimbursed for the cost of the products.

5.6. Engasco is not responsible for the delay in the delivery of the package if the goods have been handed over to the logistics partner on time. Delay in delivery due to these circumstances are beyond Engasco’s control.

6. Right of withdrawal

6.1 Products purchased from the Engasco website have a 14-day right of withdrawal upon receiving the package. If the product ordered from the e-store is not suitable for the Customer, he or she may return it to the e-store.

6.2 In order to return the products, an application for withdrawal from the purchase of the products must be submitted, the form of which can be found here: withdrawal application or contact Engasco customer service by phone +372 51979191 or send an e-mail to hello@engasco.eu  After receiving the withdrawal application, Engasco will send the Customer a confirmation of receiving the withdrawal application.

6.3 The purchased product must be returned immediately, but not later than within 14 days from the submission of the withdrawal application.

6.4 In order to receive the right to return, the returned product must be unused and the product packaging intact and undamaged.

6.5 The 14-day right of withdrawal does not apply to the goods if:

1. The product cannot be returned for health or hygienic reasons (eg make-up, cosmetics, perfumes, toiletries, food supplements, beverages, blankets, pillows, etc.) or has been used or       opened or whose use (or non-use) cannot be controlled;
   2. The content of the order is flowers, flower arrangements or bouquets pursuant to § 53 (4) 4) of the Public Procurement Act;
   3. The product is mixed or combined with another product so that they can no longer be separated;
   4. The product has been used for economic and professional purposes;
   5. Damage is caused by incorrect use of the device (failure to follow the instructions);
   6. The device has been used with an incorrect voltage;
   7. The product has mechanical damage or is broken (eg due to a fall);
   8. In case with normal wear and tear of the device and defects which do not impair the value or use of the device;
   9. The device has been repaired by a service technician not authorized by the importer.

6.6 The costs of returning the products shall be paid by the Customer, unless the reason for the return is non-compliance with the ordered or defective goods.

6.7 In case of returning the products, the amount paid for the purchase shall be returned to the Customer as soon as possible, but not later than within 14 days from the submission of the withdrawal application. Engasco may refuse to make refunds until the item that is the subject of the contract has been returned or until the Customer has provided proof that the item has been returned, whichever is earlier.

6.8 Engasco reserves the right to refuse to accept the order or to refuse to fulfill the order, for example if the price list contains an incorrect price due to an error or technical failure.

7. Use of purchased products for economic or professional purposes (including legal entity)
   7.1 If the purchased product has been used for economic or professional purposes or the purchaser has been a legal entity, the normal procedure for submitting claims does not apply. In these cases, the claim period is usually 6 months or more, allowed by the manufacturer. During this period, the product will be replaced or repaired if the defect is caused by manufacturer.

7.2 Products will not be replaced if:

1. The product is unusable for health or hygiene reasons or has been used or opened (cosmetic products, etc.);
   2. The product is mixed or combined with another product so that they can no longer be separated;
   3. The product has been used for economic and professional purposes;
   4. The defect has been caused by improper use of the device (failure to follow the instructions);
   5. The product has been used with an incorrect voltage;
   6. The product has mechanical damage or is broken (eg due to a fall);
   7. In case with normal wear and tear of the device and defects which do not impair the value or use of the device;
   8. The device has been repaired by a service technician not authorized by the importer.
2. Liability
   Engasco and the Customer shall be liable to the other party for the damage caused by the violation of these terms and conditions in the cases and to the extent provided by the legislation in force in the Republic of Estonia.
3. Force majeure
   Engasco shall not be liable for any damage or delay in the delivery of the products if the damage or delay in the delivery of the products is due to circumstances beyond Engasco’s control.
4. Protection and security of personal data
   The information and personal data collected during the processing of Engasco’s visits and orders will be treated as confidential and will not be disclosed to third parties. Encrypted data communication with banks ensures the security of the Customer’s personal bank identifiers when paying for purchases.
5. Procedure for submitting complaints

11.1 Engasco is responsible for non-compliance with the terms and conditions of the products sold to the Customer, which occur within two years from the delivery of the products to the Customer. In case of non-compliance or defects of the product, please send a complaint to the e-mail address hello@engasco.eu .

11.2 The complaint must state:

1. Customer name and contact details;
   2. Date of complaint and order / invoice number;
   3. Disadvantages of the product
   4. Requirement for Engasco;
   5. Reference must be made to the document certifying the completion of the transaction or the guarantee. A copy of it may also be attached to the complaint.
   
   11.3 A complaint regarding the discovery of a non-conformity or defect of a product must be submitted within two months from the discovery of the non-conformity or defect of the product.

11.4 If there is a defect in the product, please stop using the product.

11.5 Engasco will respond to the claim no later than within 15 days after receiving the Customer’s claim.

11.6 Engasco shall not be liable for any defects in the product due to the Customer’s fault, for defects that have occurred as a result of improper storage or use of the product. Deficiencies include defects in the product, but not defects in the product packaging.

11.7 If the product does not comply with the terms of the contract, has defects or malfunctions, the Customer has the right to demand repair or replacement of the product. If the repair or replacement of the product is not possible, fails or causes unreasonable inconvenience to the Customer, the Customer has the right to withdraw from the contract and demand a refund.

12. Processing of customer’s personal data

12.1. Engasco processes the personal data provided by the Customer in accordance with the requirements established by the Personal Data Protection Act.

12.2. The personal data processed is the data requested from the Customer when joining the loyalty program, registering an e-store account and / or placing an order (first and last name, address, telephone number, e-mail address, current account number, shopping cart content and purchase history).

12.3. Engasco processes the Customer’s personal data for the fulfillment of orders (incl. For the transmission of notifications related to the order), for the payment of products, for the delivery of products, for the preparation and transmission of offers and news.

12.4. E-store www.engasco.eu controller of the customer’s personal data is Gardek OÜ, registry code 16089976, address Tule 10, Saue, 76505 Republic of Estonia, phone +372 51979191, e-mail hello@engasco.eu

12.5. MactaBeauty does not transfer the Customer’s personal data to third parties, except for:

12.5.1. to an undertaking providing courier service to the extent necessary for the delivery of products to the Customer or for the consumption of the service;

12.5.2. suppliers of the products included in the order (customer’s name and telephone number) to fulfill the order and ensure customer service.

12.5.3. In the cases provided for in clauses 12.5.1 and 12.5.2, the Customer’s personal data is processed only for the purpose of fulfilling the order and the authorized processors ensure the same level of protection of personal data as Engasco.

12.6. The Customer has the right to inspect their personal data at any time and request that this data would be changed or deleted, unless otherwise provided by law, by contacting Engasco at hello@engasco.eu .

12.7. If the Customer has expressed a wish and given consent to receive newsletters and / or personal offers prepared by Engasco, the Customer always has the right to withdraw this consent by sending a corresponding notification to Engasco to the e-mail address hello@engasco.eu .

12.8. The customer has the right to contact Engasco at any time to transfer their personal data to another data processor by sending a digitally signed request to hello@engasco.eu. Engasco has the right to refuse to transfer personal data directly to another data processor if the data transfer to a third party is not considered to be safe by Engasco.

12.9. If the Customer finds that the processing of personal data within the framework of the loyalty program or in the shopping environment of the e-store violates his or her rights, the Customer has the right to apply to the Data Protection Inspectorate and to the court.

13. Dispute Resolution Procedure
    If the Customer has any complaints regarding Engasco, they must be sent to the e-mail address hello@engasco.eu or call: +372 51979191. If the Customer and Engasco are unable to resolve the dispute by agreement, the Buyer can contact the Consumer Disputes Committee. The terms of the procedure can be viewed and the application is submitted here. The Consumer Disputes Committee is competent to resolve disputes arising from the agreement concluded between the Customer and Engasco. The review of the customer’s complaint in the commission is free of charge. The customer can turn to the European Union’s consumer dispute resolution platform.