WEBSITE TERMS

General Terms and Conditions of Services, Sale and Delivery
Version 1.0, created 05.2020

Welcome to rahuTM Webpage

AGREEMENT TO TERMS

These General Terms and Conditions of Services, Sale and Delivery (Terms of Use) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “visitor”, “customer” or “buyer”) and RAHUHOME OÜ (“we,” “us” or “our”), concerning your access to and use of the rahuhome.eu or rahu-home.eu website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

These Terms of Use apply to all orders placed by the customer with us at or through Site as well as any quotations, services and supplies available on the Site.

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.

We will alert you about any changes by updating the “Last Updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use before you use the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, product designs, product sketches and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Republic of Estonia (member country of European Union), foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that:

  1. all registration information you submit will be true, accurate, current, and complete; you will maintain the accuracy of such information and promptly update such registration information as necessary;
  2. you have the legal capacity and you agree to comply with these Terms of Use;
  3. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site]
  4. you will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
  5. you will not use the Site for any illegal or unauthorized purpose;
  6. your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

COOKIES

Most interactive websites use cookies to let retrieve the user’s details for each visit. Cookies are used by our Website to enable the functionality of certain areas to make it easier for people visiting our Website. Some of our affiliate/advertising partners may also use cookies. We employ the use of cookies. By accessing Site, you agreed to use cookies in agreement with our Privacy Policy.

PRODUCTS

We strive, to the fullest extent possible, to provide accurate and updated content on our Site. We make every effort to display as accurately as possible the colours, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colours, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the products.

Wooden structures of our furniture are made of solid wood. As wood is a natural product, variations in colour, pigmentation, structure of wood grain will occur. Wood structure, colour and finish variations are natural and the appearance of the products may differ from the products shown on the Site.

Due to the variations in electronic displays, colour samples may appear different on different screens. If you need to see exact colour and the structure of the fabric, we suggest you order free fabric swatches, so you could get a feel for our fabrics and patterns in real life and buy sofa(s) with confidence.

“MADE TO ORDER” (or “Made-on-demand”) products are specially produced according to the conditions established by the consumer (such as but not limited to your specifications of the colour of the fabric of the cushions or fabric or treatment of the wood or other style preferences, etc).

All products are subject to availability. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

Unfortunately, there may occasionally be unintentional errors (such as, but not limited to price changes, sold out goods, etc.) on our site. We reserve the right not to be held liable for these errors or changes and neither us, nor any employee or representative of ours can be held liable for damages arising from the use of this website or the products sold here.

PURCHASES, PAYMENT AND DELIVERY

You must be of legal age, and have a valid credit card to shop on our Site. If you are not of legal age, you can have an adult make the order for you.

How to order:

In the shop choose a product (e.g. 1-seater) and select it, you will be directed to the selected products page where you can get all information about the chosen product; there you also can choose the colour of the sofa and the quantity and add chosen product(s) to the Cart. Then you will be directed to the Cart where you can see the chosen product(s). There you can calculate the cost of delivery and if you are satisfied with the price and terms you may proceed to Checkout to make a payment. Fill in your details (name, delivery address, contact information). When you have entered your credit card information and clicked on the “Place Order” button or made payment via “Bank link”, you have made a binding offer for the purchase of the items you have chosen. At this stage, your order is still subject to our acceptance. When we have accepted your order, we will obtain an authorization from your credit card company for the amount on the order. If your credit card is not authorized and/or money not transferred to our account, your order will not be processed further.

Unless otherwise stated, any offer or quotation by us is subject to contract. All orders are accepted and confirmed on the basis of pre-payment. The offer shall be deemed to be accepted and the sale contract entered into force after payment for the goods is made by the Customer and the money for the ordered goods has been received by us. We will issue a confirmation note after the sale contract enters into force. With the sale contract, the Site undertakes to deliver to the Customer soon-to-be-produced goods and to transfer their ownership to the Customer, whereas the Customer undertakes to pay to the Site for the goods in the amount indicated on the invoice and to accept the goods. If for any reasons we are unable to fulfil your order, we will let you know at the earliest convenience.

Orders for Made-to-order products cannot be cancelled; once payment has been made for Made-to-order products, the order and payment are legally binding, and the order can’t be cancelled for a refund and Made-to-order products cannot be returned.

After the entry into force of the sale contract, we shall produce ordered goods and hand it over to our logistics partners for delivery. The customer will receive an e-mail with the shipping information when the ordered product is on its way. If your order doesn’t arrive by the scheduled date, please contact us for further information.

All product prices on our Site are in Euros and these are final. An additional fee for transportation and/or customs and/or import duties may apply.

Customs and/or import duties and/or sales tax may apply to deliveries outside the EU (European Union) – these will be charged once the package reaches the destination country and you will have to arrange customs clearance and pay these charges. This applies as well to the purchase of gifts or other purchases made on behalf of another recipient. As customs policies vary widely from country to country, we have no control over customs and import charges and we cannot inform you how much they will be before you order. Please contact your local customs office for further information.

The card payments are processed and made via Stripe (Stripe Payments Europe Ltd.) and the “Bank link” payments collecting services are provided by MakeCommerceTM (Maksekeskus AS)

We accept the following forms of payment:

  1. In Estonia, Latvia, Lithuania and Finland: (a) VISA and MasterCard payments, (b) payment through “Bank link” to our bank account, (c) Apple Pay, (d) Google Pay.
  2. In other EU countries and the rest of the world: (a) VISA and MasterCard payments, (b) Apple Pay, (c) Google Pay.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. All payments shall be in Euros.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.

Reservations are made for any printing errors in text or/and prices. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you cancel the applicable order.

Coupon/(discount) vouchers disclaimer – For promotional activities, we may use coupons or (discount) vouchers (also referred to as Coupon). Each coupon is identified by a Coupon code and has different rewards. Coupon has an expiration date (it will expire on the date specified and you cannot use Coupon after this date). The coupon is valid for one-time use only. Only one Coupon can be used per order. Coupons cannot be replaced if you have lost a Coupon code. Coupon has no cash redemption value. The coupon is not redeemable for cash or gift cards, nor is it valid toward previous purchases. Offer may not be combined with any other coupons, discounts, offers, or promotions unless it is stated otherwise. Void if altered, copied, transferred, auctioned or sold. Other restrictions may apply. We reserve the right to vary or discontinue the Coupon scheme at any time. To redeem Coupon the Coupon code must be entered at checkout into the promotional box, and the relevant discount will be automatically deducted from the final price of the qualifying purchase (prices will be adjusted accordingly to coupon). If you fail to enter the Coupon code at the time of purchase as specified, the purchase will not be eligible for the discount. Discounts may not be claimed after confirmation of your purchase on the Site. Please contact us if you have any questions or need further clarification. Please note that our standard Terms of Use of sale apply in respect of any orders placed using Coupon and the Site Terms of Use for using our site also apply.

We ship worldwide. All orders are shipped from Estonia.

Mailbox and/or P.O Box will not be considered eligible for delivery of products, except for the fabric swatches.

We do not split an order. Entire order ships together.

Please note that all our delivery times are business days, not counting weekends and holidays.

Delivery in EU mainland takes normally 1 week, in other regions ~2weeks.

Our logistic partners are Schenker, Itella, DPD, DHL, DSV. We may use other carriers as well if necessary.

The shipping charge depends on your delivery country and location. Deliveries to EU (European Union) mainland are Free of charges. Delivery cost will be calculated in the Cart.

The Customer is responsible for the delivery address indicated in the order (checkout page).

We only provide street-level delivery in front of the building (or to the nearest place if it is not possible to deliver in front of the building); our delivery doesn’t include floor delivery, carrying the package inside the home, unpacking and/or assembly services, disposal of packaging. The Customer is responsible for the disposal of pallets and other packaging related to the delivery of the products.

We recommend that you are present upon delivery. If you are not present upon delivery, your goods will be delivered in front of the building which you have required or nearest spot possible. Please note that when the goods are delivered, they are in your custody.

Upon delivery, the Customer must immediately conduct such examination of the product that is required by proper use.

Before accepting shipment (and/or signing delivery note) please make sure that the package and/or delivered product has not been damaged; if any signs of damage might be noted the Customer must refuse the delivery of the product(s) or write down a detailed description of damages on the courier’s paperwork and at the same time photograph the damages; in either case, these notes of damages with added photos must be confirmed to us by writing within 60 hours of delivery; this notification shall include a full description of the fault and photographic evidence. We can’t take responsibility for damaged goods after the package has already been opened.

The acceptance of delivery (such as but not limited to signing courier’s delivery note, etc.) will constitute proof of transport and risk transfer. The risk of accidental perishing and accidental deterioration of the Products is passed to the Customer on the transfer of the Products.

When Customer fails to take delivery of the goods or services or fails to provide the information or instructions to enable delivery it is fully liable to us for all damages and losses suffered by us, such as (but not limited to) transportation costs, extra storage, handling and insurance. Regarding (re-)delivery, we may demand prior payment of all the aforementioned costs.

We are not responsible for the damage or delay of the delivery of the products if the damage or delay is caused by Force Majeure circumstances.

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

RIGHT OF WITHDRAWAL, RETURN/REFUNDS POLICY, WARRANTY

After you have received the items you purchased, you may examine the items within the period of 14 days, but only in a manner as you would if you examined the products in a store. Please unpack items carefully in order not to break original packaging. After receiving an order, the Customer has the right to withdraw from the sale contract entered into at the Site within 14 days without giving any reason. If the items have been used and/or original packing has been broken, you will be held liable for the decrease in value of the items and the right of withdrawal is annulled.

The right of withdrawal shall not apply to contracts the object of which is:

  • for delivery of goods manufactured according to the conditions established by the consumer or
  • delivery of goods manufactured taking into account the personal needs of the consumer who is a party to the contract.

To return goods, the Customer has to submit a request for withdrawal from the purchase of goods and send it to us no later than within 14 days of the receipt of the product; the notice of withdrawal must include the order number, invoice, information on receipt of the delivery. The Customer has to return the goods within 14 days following the submission of the withdrawal request and provide evidence that he has given the goods to the logistics company within the mentioned period. Returned goods must be unused. The Customer has to return the goods in undamaged (intact) original packaging.

The burden of proof for the correct and timely exercise of the right lies with the Customer

The shipping cost for returning an order must be paid by Customer and the shipping must be arranged by Customer also. We do not cover the return shipping cost. Please note that we do not receive packages sent COD (cash on delivery). The items you want to return are your responsibility until they reach us.

When the goods are received by us and the withdrawal has been approved by us, we will refund you the purchase price you paid for the product. The refund will be paid back to the credit card or bank account used to pay for the order within 14 days of receiving the unused products in original intact packaging.

Only hidden inadequacies which cannot be normally discovered when accepting the Products can be filed after receiving the Products.

The Product is free from defects in workmanship, materials and construction for one year from the date of purchase (Warranty Period). According to EU consumer legislation, the Warranty Period in the European Union for the Consumer is two years from the date of purchase, wherein within the first six months of purchase, any lack of conformity or defect shall be presumed to have existed at the time of delivery, unless proved otherwise. After the first six months have elapsed, it is up to the Consumer to prove that the lack of conformity existed at the time of delivery.

If a defect is found and the faulty Product falls under the Warranty, the claim shall be settled at our choice, either by repair (rework) or by replacement delivery.

Warranty doesn’t apply to:

  • defects that result from negligence, incorrect utilization or misuse, or accidents;
  • any condition resulting from incorrect or inadequate maintenance, cleaning or care;
  • any condition resulting from other than ordinary residential wear or from any use for which the product was not designed or commercial use;
  • the matching of colour, grain, or texture of wood, leather or fabrics;
  • the colourfastness, dye lot variations, wrinkling, or wear of fabrics or leather;
  • the softening of filling materials under normal use;
  • defects, damages or wear caused by ordinary wear and tear.

If the item you have received is defective, and you want to claim such defect, you must immediately after the defect is or should be discovered give written notice thereof and indicate the defect to us; this notification shall include a full description of the fault and photographic evidence. Please await further instructions before you return the product.

If you are aware of or should be aware of a defect, but didn’t provide notice thereof, you cannot claim the defect and can no longer claim for defects in the delivery. You should stop using the product after discovering the defect. If you are aware of the defect and continue using a defected product, your product no longer falls under the Warranty. We shall have the right to investigate the faulty Product and determine if the defect falls under the Warranty. After checking the alleged non-conforming Product, we shall inform the Customer of the acceptance or rejection of the claim and will agree on further actions.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  1. systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
  3. use a buying agent or purchasing agent to make purchases on the Site.
  4. use the Site to advertise or offer to sell goods and services.
  5. circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  6. engage in unauthorized framing of or linking to the Site.
  7. the trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
  8. make improper use of our support services or submit false reports of abuse or misconduct.
  9. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  10. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  11. attempt to impersonate another user or person or use the username of another user.
  12. sell or otherwise transfer your profile.
  13. use any information obtained from the Site in order to harass, abuse, or harm another person.
  14. use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavour or commercial enterprise.
  15. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  16. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  17. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  18. delete the copyright or other proprietary rights notice from any Content.
  19. copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  20. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  21. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  22. except as may be the result of the standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  23. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  24. use the Site in a manner inconsistent with any applicable laws or regulations.

USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).

Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  1. the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
  3. you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
  4. your Contributions are not false, inaccurate, or misleading.
  5. your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
  7. your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  9. your Contributions do not violate any applicable law, regulation, or rule.
  10. your Contributions do not violate the privacy or publicity rights of any third party.
  11. your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  12. your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
  13. your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  14. your Contributions do not otherwise violate, or link to material that violates any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site.

You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:

  1. you should have the first-hand experience with the person/entity being reviewed;
  2. your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
  3. your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
  4. your reviews should not contain references to illegal activity;
  5. you should not be affiliated with competitors if posting negative reviews;
  6. you should not make any conclusions as to the legality of conduct;
  7. you may not post any false or misleading statements;
  8. you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners.

We do not assume liability for any review or any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

MOBILE APPLICATION LICENSE

Use License

If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you and to access and use the mobile application on such devices strictly under the terms and conditions of this mobile application license contained in these Terms of Use.

You shall not:

  1. decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
  2. make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
  3. violate any applicable laws, rules, or regulations in connection with your access or use of the application;
  4. remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
  5. use the application for any revenue-generating endeavour, commercial enterprise, or other purposes for which it is not designed or intended;
  6. make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
  7. use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
  8. use the application to send automated queries to any website or to send any unsolicited commercial e-mail;
  9. use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site:

  1. the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and under the usage rules outlined in the applicable App Distributor’s terms of service;
  2. we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
  3. in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
  4. you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
  5. you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not violate their wireless data service agreement when using the mobile application;
  6. you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

SOCIAL MEDIA

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.

By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.

Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site.

You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site.

You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you.

You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern.

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

ADVERTISERS

We may allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements.

Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.

We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

SITE MANAGEMENT

We reserve the right, but not the obligation, to:

  1. monitor the Site for violations of these Terms of Use;
  2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
  3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
  4. in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
  5. otherwise, manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy posted on the Site. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in EU (European Union, Estonia).

If you access the Site from the United States of America, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the EU, then through your continued use of the Site, you are transferring your data to the EU, and you expressly consent to have your data transferred to and processed in the EU.

Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.

COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us (a “Notification”).

Please be advised that according to laws you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you.

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

In addition to these Terms of Use, legal relationships arising from the purchase of products from the Site are regulated by the Law of Obligations Act, the Consumer Protection Act and other legislation applicable in the Republic of Estonia.

Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

DISPUTE RESOLUTION

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally before initiating the arbitration. Such informal negotiations commence upon written notice from one Party to the other Party. If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. Any dispute, controversy or claim arising out of or in connection with this agreement shall be finally settled by the Arbitration Court of the Estonian Chamber of Commerce and Industry in accordance with its rules on the expedited procedure. The arbitral tribunal shall be composed of a sole arbitrator. The seat of arbitration shall be Tallinn, Republic of Estonia. The language of the arbitral proceedings shall be Estonian. This agreement shall be governed by the substantive law of the Republic of Estonia.

Consumers who do not agree with our proposed solution and find that their consumer’s rights have been violated can contact Estonian Consumer Protection and Technical Regulatory Authority or submit a complaint to Tarbijavaidluste Komisjon (https://komisjon.ee) You may also contact Online Dispute Resolution provided by the European Commission. The European Commission’s Online Dispute Resolution website is relevant for private consumers living in another EU country. You can file your complaint at http://ec.europa.eu/odr. When filing your complaint, you must state our customer service email hello@rahuhome.eu

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages.

We cannot be held responsible for indirect losses and consequential damage.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties outlined in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site.

You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US

To resolve a complaint or to receive further information regarding the use of the Site, please contact us at:

RAHUHOME OÜ

Office address: Kaskede pst 3, 10916 Tallinn, Estonia
Companies registration number: 14972617
Phone Number: 0037253063885
Email: hello@rahuhome.eu
Website address: https://rahuhome.eu

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