TERMS OF USE

Terms of use were updated on 2.07.2022

1. GENERAL

1.1. These terms of use regulate the legal relationship arising between Lucky Laika Distribution OÜ, registry code 16282680, Estonia pst. 9, Tallinn, 10143, Estonia (Trader) and the person who made the purchase (Client) in the purchase-sale of the products and accessories of the brand FIREBIRD in the sales environment (e-store).

1.2. In addition to these conditions the legal relationships arising from the distribution of products via the e-store are regulated by the laws of the Republic of Estonia.

1.3. The company may change the terms of use of the e-shop and the prices of products and services. Changes will be announced in the e-shop environment and the changes will take effect upon the publication at the website. Transactions are subject to conditions and prices applicable at the time of the transaction.

1.4. The selection of products, prices and discounts may differ from the product selection, prices and discounts of the Trader’s retail product selection.

2. PRICE

2.1. The prices of the products are provided on the products’ sheet and the prices include the 20% value added tax in force in Estonia.

2.2. The delivery fee in accordance with the delivery method chosen by the Client in the course of formalising the order is added to the price of the products. The manner of delivery will be chosen and the delivery charge calculated in the basket.

2.3. In case of the existence of a discount code the discount of the product will be calculated after entering the discount code in the basket.

3. COMPLETING THE ORDER

3.1. The Client will add the product to the basket after choosing the product and, where necessary, the size on the product sheet by clicking the “Add to basket” button.

3.2. You can change quantities in the shopping cart and remove items from the shopping cart until you pay for the product. The company informs the client of his or her unconfirmed order.

3.3. To complete the order, you must enter the necessary data in the shopping cart, select the payment method and click on the “Pay Now" button.

3.4. The order is deemed finalized after pressing the “Pay Now" button and receiving the payment.

3.5. The Trader will send a notification for the confirmation of the order to the Client’s email address.

3.6. In case of not having the Product ordered by the Client the Trader will cancel the order. An order may be cancelled in part as well as in whole. The Client will be informed of a cancelled order immediately. In case of a partial cancellation the Trader may ask for the Client’s wishes for handling the rest of the order – whether to dispatch or cancel as well.

4. PAYMENT

4.1. The Client will pay for the purchases made in the Web environment (e-store) 100% in advance.

4.2. For orders, you can pay by credit card (Visa, MasterCard, American Express), Estonian bank links, PayPal, Apple Pay, Google Pay 

4.3. Payment takes place in a secure environment outside the e-store – when paying with a bank link in the secure environment of the respective bank, when paying by credit card in the secure environment of Stripe (https://stripe.com/en) and in case of PayPal payments in the PayPal secure environment respectively. The Trader does not have access to the Client’s bank and credit card details.

4.4. After placing the order and making the payment the Client will be sent a confirmation via email, on delivery an invoice is added to the parcel..

5. DELIVERY OF THE PRODUCTS TO THE CLIENT

5.1. The e-store delivers products to all over the world.

5.2. Products will be delivered to the customers in Estonia by Registered Maxi Letter Business Letter and Omniva Parcel to the automated parcel terminal provided by Omniva (AS Eesti Post) and Services provided by Itella SmartPOST OÜ, as well as the DPD pickup point and the DPD courier. Orders outside Estonia are delivered by DHL or TNT couriers. The shipping cost differs by countries and is calculated in check out by choosing the shipping method. Depending on the country, your address and courier choice, the parcel will be delivered within 1-6 working days. DHL worldwide delivers the shipment within 4-7 days and TNT economy within 10-14 days. The courier will send you the tracking code of your parcel and information concerning the estimated time of arrival by e-mail or SMS. Detailed information about the service is available at www.dhl.com.

5.3. The Client will pay for the costs arising from the delivery of the Products. Depending on the destination the parcel fee differ.

5.4. The Trader will complete the orders, incl. hand over to the post office for dispatch within three working days from the confirmation of the order at the latest. The arrival of the product to the Client depends on the postal service. The indicative arrival times are:

* Estonia: 1-3 working days

* Latvia, Lithuania: 2-5 working days

* Finland: 3-5 working days with Posti, 1-2 weeks with standard parcel

* The rest of the European Union: 1-2 weeks

* Rest of the world: 2-3 weeks

6. RIGHT OF WITHDRAWAL, RETURNING AND EXCHANGING GOODS

6.1. Trader take full responsibility for any non-compliances and deficiencies of our products. Trader is not responsible for damages to and deficiencies of products caused by the abnormal and incorrect use of the product.

6.2. If a product has non-compliances or deficiencies, the customer has the right to request the replacement of that product with a correct product. In that case, Trader will bear the shipping costs.

6.3. If you discover that a product received by you does not conform to criteria established for that product, please send an e-mail to support@firebirdmovie.com within five working days with the description of the non-compliance or deficiency of the product and the order number. We will respond to all claims and complaints within five working days.

6.4. Pursuant to the Consumer Protection Act, consumers have the right to withdraw from a contract within 14 days after receiving the goods ordered by them, and to return unused goods in an undamaged packaging. The consumer must return the goods to the seller at their own expense not later than within 14 days after submitting the application for withdrawal.

6.5. If you have withdrawn from the contract and returned unused goods to us, we will refund the amount paid for the goods and shipping costs to a usual extent (i.e. the cost of shipping the product to the customer) within 14 days after receiving the returned product. When returning a product, shipping costs must be incurred by the customer. The seller will not compensate for the costs of returning products.

6.6. The right of withdrawal applies only to consumers, i.e. natural persons, who conclude transactions that are not related to carrying out independent economic or professional activities. Other persons are not considered consumers.

6.7. The right of withdrawal may not be used if the consumer has opened the sealed case or packaging.

7.SUBMITTING A COMPLAINT

7.1. The Trader is responsible for the nonconformity to requirements and defects of the products for 2 years from the receipt of the products by the Client. Thereat, within the first six months after delivery to the buyer, it is presumed that the deficiency was present upon delivery. The online store is responsible for refuting this presumption.

7.2. On discovering the nonconformity to requirements of the product or defects of the product the Client undertakes to notify the Trader immediately but no later than within 2 months from becoming aware of the nonconformity by sending the respective information to the email address support@firebirdmovie.com.

7.3. In case of a nonconforming or defective product the Client has the right to claim the performance of obligations from the Trader, withdraw from the contract or to cancel the contract and claim compensation for damages.

7.4. In case of nonconformity of the product to requirements or defects the Client has the right to first demand the free mending of the product or replacement with a product conforming to the requirements and without defects or to return the product at the Trader’s expense.

7.6.  The undertaking shall, during the first six months of the transfer of the item to the purchaser, cover the costs to the buyer related to repairing or replacement of the item, in particular transport, mail, work, travel and material costs. In the next 1.5 years, the corresponding costs will be borne by the undertaking only if the claim is justified. The undertaking does not reimburse the costs incurred by the Client in the event of non-compliance or deficiencies in the product and is not liable for them, if:

7.6.1. The Product has deteriorated/been damaged due to the fault of the Client;

7.6.2. Defects have been caused by the use for a non-intended purpose, incl. as a result of not following the care instructions;

7.6.3. The Product has changed due to normal wear of ordinary use.

7.6.4. There is no copy of the document certifying the purchase.

7.7. In case disputes have arisen between the Client and Trader on the defects of the product, the Client has the right to turn to the Trader with a complaint, by specifying in a complaint submitted in writing or in a form allowing for written reproduction (email) his name and contact details, the date of submitting the complaint, the defect existing in the product and the solution requested by him. The Trader will respond to the Client’s complaint in writing or form allowing for written reproduction (email) within 15 days.

7.8. In case the Client and Trader do not reach an agreement regarding the dispute, the Client has the right to turn to the consumer complaints committee at the Estonian Consumer Protection Board (www.komisjon.ee) for out-of-court settlement of the dispute and use the European Union Online Dispute Resolution procedure at http://ec.europa.eu/odr. Reviewing of a complaint in the consumer complaints committee is free of charge for the parties. Dispute settlement at the Estonian Consumer Protection Board is guided by the legislation of the Republic of Estonia.

7.9. On not agreeing with the decision of the commission the parties have the right to turn to the local county court of the Trader.

8. PRIVACY POLICY

8.1. The controller of personal data is Lucky Laika Distribution OÜ (Estonia pst. 9, Tallinn, 10143, registry code 16282680). 

8.2. The processing of personal data is subject to the legislation of Estonia and the European Union.

8.3. The controller collects the following personal information: name, gender, birthday, phone number, e-mail and purchase history. Firebird’s services, incl. digital services, are not directed towards children under 13.

8.4. Among others, personal data is collected and processed for the following purposes: to make purchase analyses, to sell goods and provide services. The controller has the right to query, analyze, sort, and take samples of personal data in the database. 

8.5. The controller does not disclose the information received by him to third parties.

8.6. Personal data transmitted to the controller is protected and treated as confidential information, including information stored on the customer and his/her/their orders stored in the e-store order environment.

8.7. The data communication between the client and the banks and the card payment center is encrypted, which ensures the security of the customer's personal data and bank details. The data controller does not have access to client confidential bank and payment card requisitions.

8.8. The data controller will implement all measures, including information technology and organizational measures, for the protection of the personal data collected. Access to data editing and processing is restricted to authorized persons.

8.9. Lucky Laika Distribution OÜ may authorize other legal entities (authorized processors) to process personal data, provided that an agreement has been entered with such a processor under which the processor is required to keep the personal data processed as confidential and to ensure the protection of personal data in accordance with the requirements provided by law. Such authorized processors are cash register software service providers, software development partners, logistics service providers and marketing service providers. 

8.10. The customer has the right to get information and check his/her personal data, request access to the personal data, request corrections to the personal data, request limiting the personal data, request the deletion of personal data, request the transfer of personal data, rights relating to the automated processing of data, right to an evaluation by a supervisory authority. The customer also has a right to renege on his/her/their permission to process personal data. To get information and to check his/her/their personal data, the client should send a written application to support@firebirdmovie.com.

8.14. The client can at any time check his/her personal information and partially modify it by sending an email to support@firebirdmovie.com. In order to delete personal information collected, the client shall submit a written request to support@firebirdmovie.com. The data controller changes and/or deletes the client data after the client has been identified.

8.15. The deadline for maintaining client’s personal data is five years from the last purchase.

8.16. In the event of personal data being processed for a new purpose, different from the purpose for which the data was initially collected, or if collection of the data is not based on the subject’s consent, Lucky Laika Distribution OÜ will carefully consider the permissibility of such processing. In order to determine whether processing of personal data for a new purpose is compliant with the purpose for which the personal data was initially collected, Lucky Laika Distribution OÜ will, among other things, consider:

(1) Connections between the purposes for which the personal data was collected and the purposes of the intended further processing;

(2) The context of collection of the personal data, primarily the connection between the data subject and Lucy Laika Distribution OÜ;

(3) The type of the personal data;

(4) The potential consequences of the intended further processing for the data subjects;

(5) Existence of relevant security measures.

8.17. Lucky Laika Distribution OÜ may make unilateral amendments to the terms and conditions of the privacy policy pursuant to the law. Any amendments will be communicated by Lucky Laika Distribution OÜ to the data subjects on the website of Firebird or in another manner.

8.18. Lucky Laika Distribution OÜ use cookies on it’s websites incl. those by Google Analytics informing customers of this practice and asking for the customers’ permission.