Privacy policy
1.
Mamakakao OÜ, with the registration code 16493884, address: Murrussaare, Rassi village Türi parish Järva county 72007. From now on MAMAKAKAO, ensures the availability of content on the website www.mamakakao.ee, hereinafter referred to as: the Website, and provides services in accordance with the following terms and conditions, transport policy, return policy, other terms and conditions, as well as the operating policy, the description of which is posted on the Website, taking into account certain functionality, features and promotional campaigns, as well as customer service, all of which shall be deemed to be part of this Agreement and included in its terms and conditions (hereinafter collectively referred to as: the Terms and Conditions). By authenticating the VEEBIPOE section of the website, you acknowledge that you have read, understand and agree, without limitation or qualification, to be bound by these Terms of Use.
If a consumer purchases products for sale on the MAMAKAKAO website (hereinafter: goods) via the internet, such a bilateral contract is considered a distance contract.
If a customer who has ordered or purchased goods from the website lacks legal capacity, the legal representative of such person (e.g. parents, guardians) is responsible for ordering and paying for the products. In these circumstances, the order cannot be cancelled and the purchase price paid is not refundable.
A distance contract for the purchase of goods shall be deemed to be concluded upon payment for the goods.
2. PRIVACY
MAMAKAKAO protects the fundamental rights and freedoms of natural persons, in particular their right to privacy, with regard to the processing of personal data of natural persons in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC.
MAMAKAKAO will not use or share any information you have provided online without lawful basis. MAMAKAKAO is obliged to disclose personal information to government and municipal officials in cases provided by law. We are obliged to disclose personal data of the customer when required by law.
MAMAKAKAO OÜ is the controller of personal data, your company will transfer personal data necessary for the execution of payments to the processor Opay.
MAMAKAKAO may process your personal data in an aggregated manner for statistical purposes in order to analyse and improve the services provided.
MAMAKAKAO will take all possible measures to ensure the security of personal data that comes into contact with you in order to protect it against theft, loss, misuse, as well as unauthorized use, disclosure, alteration and damage.
2.1. GENERAL RIGHTS
In accordance with the legislation in force, you have the following rights:
- to request access to your personal data;
- to request the rectification or erasure of your personal data to the extent possible;
- to request the restriction of the processing of your personal data or not to consent to it;
- to request the portability of your personal data to the extent possible;
- to withdraw your consent to the processing of your personal data at any time;
- to lodge a complaint with the national data protection supervisory authority;
- to contact MAMAKAKAO and obtain further information on how your personal data is processed.
MAMAKAKAO Contact:
Mamakakao OÜ 16493884
Murrussaare, Rassi village Türi rural municipality Järva county 72007
+372 58506718
+372 56175321
2.3.1. CONCLUSION OF A DISTANCE CONTRACT
In order to enter into a distance contract, MAMAKAKAO must use and process the personal data provided in the order form. If you do not enter your personal data, you will not be able to enter into a distance contract.
MAMAKAKAO collects and stores information about your purchase history with the aim of improving the products and services offered, based on MAMAKAKAO' s legitimate interest in collecting information about the quality of the products and services offered.
The information contained in the account in relation to distance contracts (products purchased), including all communication with you, will be kept as proof of the conclusion and performance of the distance contract. MAMAKAKAO retains this information on the basis of its legitimate interest in protecting its rights and interests in the event of any dispute and its legal obligation to retain information about the business conducted.
Your personal data related to the conclusion and performance of a distance contract are processed only by MAMAKAKAO and our business partners providing transport services, IT structures and payment platforms. Business partners are provided with personal data on a need-to-know basis.
For this purpose, your personal data will be processed until the expiry of the retention period set by the Republic of Estonia or until the time limit for bringing an action in court, whichever is the later.
2.4. RECEIVING NEWSLETTERS
By consenting to receive newsletters by email, you agree that MAMAKAKAO may send various commercial communications, such as product promotions and special offers, to your email address.
Your personal data will only be processed by MAMAKAKAO and our business partners providing IT structures and mail platforms in connection with the sending of commercial communications. The transfer of personal data to business partners is kept to a minimum.
For this purpose, your personal data will be processed until you indicate your wish to opt out of receiving commercial communications via a link sent in the order confirmation or advertisement. Information about the opt-out will be retained in order to fulfil your request to no longer receive commercial communications.
MAMAKAKAO will stop sending you commercial communications as soon as your request has been processed. However, please note that the processing of your request is subject to the technical capacity to process your request and may therefore take up to five days.
3. PURPOSE OF THE WEBSITE
This website has been created and is maintained by MAMAKAKAO and its distribution partners. The website has been created to act as an effective communication platform between the company and the customer, as well as an online sales point for the brand's products and a source of information on all product and company information.
4. PRODUCTS AND SERVICES FOR PERSONAL USE
The products and services available on the Website and any samples we may provide to you are for your personal use only. You may not sell or resell any samples or services you receive from us. MAMAKAKAO reserves the right, with or without notice, to cancel or reduce the size of any fulfilled order or any products or services provided to you that we believe, in our sole discretion, may result in a violation of our Terms of Use.
5. COMPLETENESS
We try to be as accurate as possible when describing our products on the website. If the information relating to a product (description, colours, etc.) has changed, MAMAKAKAO cannot guarantee that the information posted on the website will be up to date at any given time.
6. INTELLECTUAL PROPERTY
All information and content available on the Website, including, but not limited to, trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, databases and software, and the collection and organization thereof (collectively, the "Content"), is the property of MAMAKAKAO and is protected by the laws of the Republic of Estonia and other international laws that govern the protection of intellectual property, including copyright and trademark laws. Our trademarks may not be used in any way for any purpose without our written permission.
7. PRICING POLICY
All prices are inclusive of VAT (07.06.2024) Depending on the transport destination, your order may be subject to additional transport costs, which will be clearly indicated before you have to make the payment, and included in the total price of the order.
8. USER RESPONSIBILITY
By accessing or using this website, you will comply with these terms of use and any specific warnings or instructions posted on the website regarding access or use. You must at all times act in accordance with the law and good faith. You may not make any changes to the Website or any content or services on this site and you may not in any way limit the integrity or functionality of the Website. Without limiting the generality of any other provision of these Terms of Use, if you negligently or intentionally fail to comply with any of the obligations set forth in these Terms of Use, you will be liable for all losses and damages that this may cause to MAMAKAKAO.
9. LIMITATION OF LIABILITY
You agree that, to the extent permitted by applicable law, MAMAKAKAO shall not be liable (whether in contract, negligence or otherwise) under any circumstances for any interruption or failure of your use of the Website.
You fully agree, to the extent permitted by law, that MAMAKAKAO shall not be liable (whether in contract, tort (including negligence) or otherwise) for any (a) business interruption; (b) slow or interrupted access to the Website; or (c) failure to send, mis-sending, corruption, destruction or other alteration of data; d) any loss or damage of any kind incurred as a result of the use or existence of any off-site links on the website; e) computer viruses, system failures or malfunctions that may occur in connection with the use of the website, including the use of hyperlinks to third party websites; f) inaccuracies or omissions in the content; or g) events beyond our reasonable control.
10. COPYRIGHT COMPLAINTS
MAMAKAKAO OÜ. All rights reserved.
All the content of this website, correspondence (e-mail or regular mail) and also the marketing tools used to promote the website on third party tools are the property of MAMAKAKAO. Reproduction and republication of any or all of the content is prohibited except for the following purposes.
Licence to copy for personal use:
you are allowed to make copies or print extracts of the content for your reasonable personal use.
A licence for limited copying or republication:
you may make copies of printed and digital material for use by third parties only if you acknowledge the MAMAKAKAO website as the source of the content and material, and include the URL (http://www.mamakakao.ee) at the top of the republished copies. In addition, you must inform any third party with whom you share these copies that the procedure for republishing such copies requires that the source of the materials be identified as the MAMAKAKAO website with the top URL (http://www.mamakakao.ee).
11. COMPENSATION
You agree to indemnify and hold us harmless from and against any and all damages, losses and fees and legal fees arising out of any claim or action brought by a third party, your breach of these Terms of Use, errors in your representations, warranties or use of this Website.
12. CLAIMS
For the purposes of any dispute over the Website, all rights, obligations and actions relating to the Terms of Use of the Website shall be governed by the laws of the Republic of Estonia, as if the Terms of Use were a contract entered into and performed entirely in Estonia.
The contracting parties hereby confirm that they will attempt to resolve any disputes regarding the use of the Site or the performance, interpretation or termination of this Remote Agreement by mutual negotiation.
If the parties are unable to settle the dispute through amicable mutual negotiations, any dispute, disagreement or claim shall be settled in the courts of the Republic of Estonia. In the event that you have infringed or threatened to infringe our intellectual property rights in any way, we may seek injunctive or other appropriate relief in any court, and you consent to the exclusive jurisdiction and venue of such court.
The parties have agreed on the place of jurisdiction and the dispute settlement procedure in accordance with Regulation 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations (Rome I).
In the event of a dispute between MAMAKAKAO and the consumer as to whether the provisions of the contract concluded between them are fair, either party may bring the matter before the courts specified in this section and the consumer has the right to apply to the local consumer protection authority.
In the event of a dispute between MAMAKAKAO and the consumer over the data protection of natural persons, either party may refer the matter to the courts provided for in this section and the consumer has the right to refer the matter to the local data protection supervisory authority.
13. GENERAL PROVISION
You hereby agree that the Terms of Use constitute an agreement between you and MAMAKAKAO in relation to your use of the Website and its content.
MAMAKAKAO reserves the right to modify and specify the Terms at any time by publishing the changes on the website and indicating the date of the last update, or by sending you an email about the changes if MAMAKAKAO considers that the changes may be important to you. Any modification of the Terms of Use will take effect upon publication on the Website. Your continued use of the website after the effective date of the changes constitutes your acceptance of the changes. MAMAKAKAO reserves the right to terminate or revoke any rights granted under these Terms of Use. You must accept such withdrawals or modifications when they become effective, including, where applicable, ceasing to use this website.
These terms and conditions shall not be construed as creating a partnership or any joint venture between you and MAMAKAKAO. In the event that MAMAKAKAO is unable to persuade you to comply with the Terms of Use, this shall not affect our right to seek enforcement of the Terms of Use before or after such event. If any provision of these Terms of Use is unenforceable or invalid under applicable law or is held to be unenforceable or invalid by any extra-judicial or judicial decision, this will not render these Terms of Use invalid or unenforceable in their entirety. These Terms of Use shall then, to the extent possible under applicable law, be amended to reflect the original intention of the parties under the original Terms of Use.