TERMS AND CONDITIONS

 

1. GENERAL TERMS AND CONDITIONS
Funnest OÜ, with registry code 12898851, address Taevakaare 10, Saku, Harju County, 75512
(here after: FUNNEST) and the customer who forms an order at the FUNNEST E-Store
(www.funnest.ee ; hereafter: E-Store) and identifies themselves by entering their personal
information (here after: Customer) on the order, hereby conclude an agreement to use the E-
Store under the following conditions (here after: Terms of Use).

1. E-STORE STATUS (www.funnest.ee)
1.1 The E-Store is an online shop set up and managed by FUNNEST, where FUNNEST sells
child and youth beds designed and crafted by FUNNEST and commissions sales of third- party
furniture and furnishing products (hereinafter: Manufacturers) to the customer.
1.2 FUNNEST sells Products to customers on its behalf and on behalf of Manufacturers. When
you make a purchase from an E-Store, you will enter into a sales contract with FUNNEST and
the Customer.

2. GENERAL PROVISIONS
2.1. FUNNEST and the Customer are guided by the Law of Obligations, other laws of the
Republic of Estonia, other legislation, and the agreement in the Terms of Use.
2.2. FUNNEST has the right to change the Terms of Use at any time and unilaterally by
notifying the Customer on the E-Store website at www.funnest.ee .
2.3. Information on the Website
The information on the Website is for general information purposes only and does not
constitute advice. Even though FUNNEST has composed its Website with care, the
information, texts, documents, graphics, videos, music and/or other services/information on it
may contain errors or be otherwise incorrect or incomplete. FUNNEST does not guarantee that
the Website and/or the information is free of errors, defects, malware and viruses or that the
Website and/or information is correct, up to date and accurate.
To the maximum extent permitted under applicable law, FUNNEST shall not be liable for any
damages resulting from the use or inability to use of the Website, including damages caused by
malware, viruses or any incorrectness or incompleteness of such information or the Website,

unless such damage is the result of any willful misconduct or from gross negligence on the part
of FUNNEST.
FUNNEST shall further not be liable for damages resulting from the use of (or the inability to
use) electronic means of communication with this Website, including – but not limited to –
damages resulting from failure or delay in delivery of electronic communications, interception or
manipulation of electronic communications by third parties or by computer programs used for
electronic communications and transmission of viruses.

3. PRODUCTS SOLD IN E-STORE AND ORDER SUBMISSION

3.1. The Products displayed in the E-Store are not in the FUNNEST warehouse – Products are
generally produced under the Customer Order at the Manufacturer’s location.
3.2. The images displayed in the E-Store, including photos, 3-D modeling and drawings, have an
illustrative meaning and may differ from the actual Product. The product descriptions may not
be exhaustive and may contain inadvertent errors.
3.3. The delivery time of the product is up to 3 weeks (here in after referred to as “Delivery
time”). During the delivery period, Manufacturer prepares the Customer for the desired Product
and FUNNEST arranges the transport of the Product from the Manufacturer’s location to the
desired Customer location.
3.4. If it is not possible to complete the Customer’s Order during the Delivery Time, the
FUNNEST will contact the Customer and propose a possible new Delivery Time or refund of
the money paid. The money is returned to the customer immediately, but not later than 30 days
after the order has been placed.
3.5. The products are sold to both natural and legal persons.
3.6. Customer confirms to be at least 18 years old.
3.7. The customer selects the desired Product, enters the necessary data (last name, first name,
contact phone, e- mail, delivery address, postal code) to complete the order, and pays for the
Product via the bank link of the online bank.
3.8. The customer undertakes to provide the correct information when the order is formalized.
FUNNEST is not responsible for the incorrect execution, non- execution, or any consequential
consequences of the order due to incorrect information provided by the Customer.
3.9. If the Customer has sent an order through the E-Store and has paid for the order, it is
considered that a sales contract has been entered into between FUNNEST and the Customer

within the meaning of the Law of Obligations Act and subject to the terms of the Terms of Use
(here after: Sales Contract).

4. PRICING
4.1 Prices of FUNNEST are in Euros and include Value Added Tax (20%).
4.2 The price of the product is supplemented by the charge for transporting the product to the
Customer’s location (hereinafter referred to as “Freight”).
4.3. FUNNEST has the right to change the prices displayed at the E-Store at any time. If prices
have been changed in the E-Store since the Customer’s order was placed and paid for (i.e. the
conclusion of the Sales Contract), FUNNEST undertakes to deliver the Product to the
Customer at the price that was in place at the time of the order.

5. DELIVERY TIME AND TRANSPORT CONDITIONS OF THE PRODUCTS
5.1. The goods are delivered to the Customer using a third party transport service provider.
5.2. The delivery time of the item depends on the type of Product and the volume of the
Products ordered. The estimated delivery time is given in Section 3.3.
5.3. FUNNEST’s breach of contract is not considered to exceed the delivery time if the delay of
FUNNEST is caused by a delay of third parties (including Manufacturers or a transport service
provider).
5.4. The delivery of the ordered Product shall be made only upon presentation of an identity
document to the Customer or his/her representative indicated in the order. The delivery of the
Product to third parties shall be done only by prior agreement with the Customer.

6. RIGHT OF WITHDRAWAL
6.1. Pursuant to the Law of Obligations Act, a Customer who is a consumer within the meaning
of Paragraph 1(5) of the Law of Obligations Act may withdraw from a sale contract entered into
by means of a means of distance within 14 days without notice. The corresponding 14-day
withdrawal right applies to contracts entered in to in an E-Store. The term for exercising the
right of withdrawal shall begin on the day on which the Products have been delivered to the
Customer.
6.2. In order to return the product, a withdrawal message must be submitted to the e-mail
address info@funnest.ee with the following information:
– name of the product to be returned or ordered
– Subscription Date

– date of receipt of the product
– name of buyer, surname
– photos of the product if possible
– contact details of the buyer

6.3. Upon withdrawal from the sales contract, the Customer must return the purchased Product
immediately, but not later than 30 days after notification of withdrawal from the Sales Contract
at its own expense to the Manufacturer.
6.4. The product to be returned must be incomplete, complete, in the original packaging and
unused. Where the goods have been removed from the original packaging, they must not be
used and the goods must be viewed under the same conditions as if they were to be carried out
in a physical store.
6.5. If the Product to be returned did not respond to the Customer’s order, the Customer does
not have to bear the cost of the return.
6.6. FUNNEST returns to the Customer immediately upon receipt of the withdrawal application,
but no later than 14 days after all the charges received under the Sales Contract, including the
Freight.
6.7. FUNNEST may refuse to make a refund until the Customer has returned the Product.
6.8. The sale price shall be transferred to the same account from which it was received by
FUNNEST.
6.9. If, after the return of the Product, it appears that the Product does not meet the conditions
specified in the clause, the sale price of the Product to the Customer will not be refunded and
the returned Product will remain in storage with the Manufacturer until it is returned to the
Customer. In this case, the Customer will arrange for the return of the Product itself. The costs
associated with the deposit or the return of the Product to the Customer are covered by the
Customer.

7. NOTIFICATION OF NON-COMPLIANCE WITH THE TERMS OF THE PRODUCT
SALES CONTRACT AND RIGHT OF APPEAL
7.1. According to the provisions of the Law of Obligations Act, the FUNNEST is responsible
for the non-compliance of the product with the terms of the contract, which occurs within two
years of the delivery of the product to the Customer. Products purchased from an E-Store are
therefore subject to a 2- year time limit for lodging a complaint.

7.2. A complaint may be made concerning defects in the design, manufacture and materials of
the Product.
7.3. The time limit for lodging a complaint shall begin to run from the date of delivery of the
Product to the Customer.
7.4. The complaint is based on the Product Sales Invoice.
7.5. Complaint must be submitted to e-mail address info@funnest.ee
7.6. The complaint must be filed in Estonian and together with as comprehensible a description
as possible of the deficiency (s) present on Product.
7.7. FUNNEST is not responsible for Product Deficiencies:
7.7.1. caused by accidental or intentional injury of the Product by the Customer;
7.7.2. caused by failure to comply with the Product User Manual.
7.8. FUNNEST shall not be liable for failure to correct deficiencies if the defect did not occur
during the repair or if the Customer did not notify he occurrence of the defect at the time when
the Product was brought to repair.
7.9. If the Product in the Repair has not been used in accordance with the Product User Guide,
the right to lodge a complaint does not extend to the Product. In this case, in cooperation with
the Manufacturer, a quote is prepared for repair or replacement of the Product in a paid manner.
In the event of withdrawal of the quote, the Customer is obliged to pay the handling fee for
identifying the Product error and arranging the shipment. Depending on the Product, the
handling fee ranges from 50 € to 150 €.
7.10. The complaint shall not be resolved even if the FUNNEST proves that the deficiencies in
the hold are otherwise attributable to the Client. The product shall be repaired in such a case in
Section 7.9.
7.11. In case of disagreement, the FUNNEST is required to carry out an expert (expert selected
by FUNNEST) within six months of the date of delivery of the Product to the Customer in
order to identify the causes of the deficiency in the Product. If, as a result of the expert
assessment, the deficiency is attributable to the fault of the Customer and the Customer
disagrees with it, the Customer is entitled to require an independent expert (expert approved by
the Customer) to be carried out. If the outcome of the independent expert assessment proves
that the fault is attributable to the Customer, the Customer will reimburse the costs of the expert
assessment.
7.12. If the Customer lodges a complaint about the Product after six (6) months from the date of
delivery of the Product to the Customer and an expert report indicates that the Product is

absent, all costs incurred by the complaint to the Customer and FUNNEST shall be borne by
the Customer.
7.13. If the repair of the product on which the complaint is based proves impossible or has been
completed, with the consent of the Customer, the Product will be replaced by an equivalent
Product.

8. MANUFACTURER WARRANTY
8.1. In addition to the right to lodge a complaint under the Law of Obligations as described
above, the FUNNEST grants and mediates a Manufacturer’s guarantee to the Products. The
Warranty entitles the Customer to require free repair or replacement of the Product during the
warranty period. The guarantee is valid in the territory of the Republic of Estonia.
8.2. The warranty covers the repair costs of structural, manufacturing and material defects of the
product.
8.3. The warranty period shall apply from the date of the transfer to the Customer and shall be
valid until the date specified by the Manufacturer.
8.4. The warranty does not extend to:
8.4.1. for deficiencies caused by accidental or intentional injury of the Product by the Customer;
8.4.2. deficiencies caused by failure to comply with the Product User Manual;
8.4.3. deficiencies caused by the use of the Product under non-prescribed environmental
conditions.
8.5. FUNNEST is not responsible for failure to correct deficiencies of the Product if the defect
did not occur during the repair and its occurrence is not recorded when the Product is brought
to repair.
8.6. During the period of validity of the warranty granted by the manufacturer to the Product,
the Customer may lodge a complaint with the FUNNEST regarding the circumstances
preventing the intended use or storage of the Product as a result of deficiencies in the quality of
the Product. The client’s complaint shall be resolved in accordance with the applicable legislation.
8.7. The complaint must be made in Estonian and, as far as possible, in the case of a Product deficiency.
8.8. The customer’s complaint shall not be resolved if the FUNNEST or Manufacturer
proves that the Product’s deficiencies are due to the fault of the Customer.
8.9. FUNNEST is required to perform an expert study or, if necessary, to order an independent
expert study to identify the causes of the Product deficiency, usually by an expert selected by the

Manufacturer or Manufacturer. If the expert report indicates that the Product is in order or that
the deficiency is not covered by the warranty, the costs of the expert are paid by the Customer.
8.10. Costs incurred in respect of the Products brought into the warranty repair without cause
(including in cases where the deficiency is not caused by the Manufacturer or the warranty
conditions of the Product have been violated) shall be paid by the Customer.
8.11. In such a case, FUNNEST is entitled to invoice the Customer for the works performed so
far by FUNNEST or Manufacturer in accordance with the applicable price list of the person
performing the work.
8.12. If repair of the Product proves impossible or its production is complete, FUNNEST
reserves the right (with the consent of the Customer) to replace the Product with the equivalent.
8.13. A new warranty of the same duration as the original warranty will be granted to the Product
replaced during the warranty period.
8.14. If the product is repaired during the warranty period, the warranty will be extended for the
duration of the repair.
8.15. The warranty does not preclude or restrict the right of the Customer to use other legal or
contractual remedies.

9. FUNNEST AND CUSTOMER RESPONSIBILITY
9.1. In the event of damage to the Customer due to FUNNEST’s activities or omissions,
FUNNEST has contractual and/or non-contractual liability towards the Customer only to the
extent of the selling price of the Product. In case the damage to the Customer is greater, the
liability of FUNNEST is limited to the selling price of the Product. In no case shall the
FUNNEST be liable for compensation for the pure economic damage suffered by the customer.
9.2. The customer undertakes to use the E-Store only on the basis of law and good practice.
9.3. The customer is responsible for the damage caused to FUNNEST, other Customers, the
transport service provider or third parties by the use of the E-Store against Terms of Use, Law
or Good Practice.

10. DISPUTE SETTLEMENT
10.1 If the purchaser has claims regarding the Online Store, they must be sent to the e- mail
address info@funnest.ee or by telephone: +372 56622222.
10.2 If the purchaser and the Online Store are unable to resolve the dispute by agreement, the
purchaser will be able to contact the Consumer Dispute Committee. It is the responsibility of the

Consumer Dispute Commission to resolve disputes arising from a contract between the buyer
and the Online Reward Shop. The review of the buyer’s complaint by the Commission is free.
10.3 The contracting authority may refer to the European Union’s Consumer Dispute Settlement
Platform.

11. MANDATORY AND BINDING NATURE OF THE CONDITIONS OF USE
11.1. Review of the Terms of Use is mandatory for the Customer.
11.2. When placing an order by ticking the relevant window “Accept Terms of Use”, the
Customer confirms that the Customer has familiarised, understood and agrees to the Terms of
Use and wishes to enter into a contractual relationship with FUNNEST under these conditions.