Customer Service

GENERAL INFORMATION
1. There are no minimum or maximum order amounts.
2. The average product price is 50 EUR.
3. We deliver products all over the European Union, Norway, the Balkan region.
4. Products are delivered as it is said on “Customer Service” page under “Shipping” section.
5. Delivery time is from one day up to one week from the day the order was submitted.
6. The lowest volume for the shipment is 100g envelope (spare part) and there is no maximum volume. The average shipment weight is 10 kg.
7. Telephone, fax, e-mail and Skype are used to communicate with the customer. All needed contacts could be found on “Company-Contacts” page.
8. Data protection and confidentiality. All personal data disclosed by the buyer to us is strictly confidential. We guarantee that this information won’t be distributed.
9. RULES FOR BUYING ONLINE:
PRODUCT SELECTION
Select the product that you are interested in on the “online-store” page. Products have detailed information available regarding technical characteristics, photos, price and comparison system. You can also look at the rating voting results and obtain feedback from our buyers about the product you are interested in. Additional information about the products and customers feedback could be also found on our social channels. Links to these channels are listed on our webpage at the top right corner.
If you need any additional information, you can consult the online store manager by telephone or email.
ORDER SUBMISSION
Having selected the product that you liked, please press “Add to Bag”. The product will automatically be added to your shopping basket. You can either continue with the order submission or return to the online-store if you wish to order anything else. In order to continue submitting the order, select the quantity of products you have selected and press the “Checkout” button. Choose suitable payment method and insert the required information on the ordering form and press “Proceed Payment”. After payment is confirmed we will proceed sending order goods to you. Delivery time to your destination is indicated on “customer service” page.
PAYMENT METHOD
We offer wide range of payment methods: PayPal express checkout, “Paysera” and “Click and Buy”. These payment methods allow you to pay via credit or debit bankcard; also, you can use your local bank link if your
bank is listed under these payment methods. For additional payment opportunities via listed payment methods please visit these websites: www.paypal.com; www.paysera.com; www.clickandbuy.com
After your order has been processed, the online store manager will issue you an invoice to be paid. Orders will be processed after the invoice has been paid and the payment has reached our bank account. Together with the products you will receive the product’s delivery note and an original invoice.
TERMS AND CONDITIONS
1. GENERAL PROVISIONS
• Gess Market (Gess365) – it is an online store;
• Gess Market (Gess365) owns a proprietary physical warehouse where the displayed products are either in stock or shall be delivered to the warehouse within a two week time period at most;
• There could be a time delays in Gess Market (Gess365) prices and product availability compared to its physical inventory;
2. WARRANTY
Gess Market gives a limited warranty to all goods sold.
A warranty will be given for all goods sold to:
• Private persons – 2 year or more, depending on the manufacturer’s warranty;
• Legal entities – warranty set by the manufacturer. It is typically 1 year from the moment of sale, however it could be from 6 months up to 3 years depending on the product.
3. TERMS AND CONDITIONS FOR BUYING
3.1 GENERAL PROVISIONS
3.1.1 The present terms and conditions apply to relations between buyers via the website Gess365 and the company Gess Market Ltd. that owns the online store Gess365 (hereinafter SELLER).
3.1.2 In addition to the present terms and conditions, legal relations that arise upon buying goods via Gess365 shall be regulated with legislative acts of the European Union.
3.1.3 The SELLER is entitled to amend and supplement the present terms and conditions. Amendments to the terms and conditions and price list shall be disclosed on the website Gess365. Amendments and supplements to the terms and conditions shall enter into force from the moment that they are published on the website Gess365. When submitting an order before new terms and conditions have entered into force, terms and
conditions that were valid at the factual moment of order submission shall be applied, unless specified differently by law or present terms and conditions.
3.1.4 The assortment of products and their prices shall be changed without prior notification.
3.1.5 The SELLER is entitled to give discounts to an order and/or specific product as part of a sales promotion campaign.
3.1.6 The contract of purchase and sale shall be considered as concluded (enters into force) when the advance payment detailed in clause 3.6. has reached the OWNER’s bank account.
3.1.7 In issues not regulated by the present terms and conditions, parties shall adhere to legislative acts valid in the European Union (Estonia).
3.1.8 Disputes regarding orders and purchases that arise between the buyer and seller shall be settled through negotiations between parties. If an agreement is not reached, parties are entitled to have recourse to the courts of law. In resolving disputes, parties shall adhere to legislation valid in the European Union (Estonia).
3.2 AVAILABILITY, PRICE LIST AND DESCRIPTION OF PRODUCT SHEETS
3.2.1 All prices on Gess365 are in Euros (EUR).
3.2.3 All references to Gess365 prices are inclusive of value-added tax applicable in the European Union.
3.2.4 The SELLER is responsible for the conformity of commodity codes on product sheets with prices.
3.2.5 The SELLER cannot be held liable for the description of products and/or reliability of the visual image on product sheets: product manufacturers may change specifications without prior approval or notification.
3.2.6 Changes to the quantity of products available for ordering and prices on product sheets enter into force after they are published on the Gess365 website.
3.2.7 The delivery time shall be disclosed in working days on “customer service” page.
3.3 ORDER SUBMISSION
3.3.1 Gess365 accepts orders in the following way:
• on the internet through an automated online system for order submission;
3.3.2 Order submission shall not constitute the conclusion of a contract of purchase and sale. Only performance of clause 3.1.6 constitutes the conclusion of a contract of purchase and sale and the creation of obligations.
3.4 ORDER CANCELLATION
3.4.1 The buyer is entitled to independently cancel an order that has not been paid or delivered by selecting the relevant status regarding a false order in their profile.
3.4.2 An order shall automatically be cancelled if its payment deadline has passed:
• Private persons – 7 working days;
• Legal entities – 10 working days.
3.4.3 If the warehouse runs out of a product and/or prices have changed, clause 3.12. shall apply.
3.4.4 If the buyer wishes to modify an order after it has been paid for but before it has been delivered, clause 3.12. shall apply.
3.5 ORDER FULFILMENT
3.5.1 An order shall only be fulfilled after advance payment has been received (see clause 3.1.6) unless otherwise agreed with the buyer.
3.6 PAYMENT FOR ORDERS
3.6.1 Possible payment methods:
• On the Gess365 website, using online bank links;
• Bank transfer (based on invoice);
• PayPal (all included opportunities: www.paypal.com)
• Paysera (all included opportunities: www.paysera.com);
• Click and Buy (all included opportunities: www.clickandbuy.com);
3.7 PRODUCT SHIPPING AND DELIVERY
3.7.1 The buyer can choose the delivery method that is most convenient to them:
When fulfilling an order, you will be offered a choice between delivery methods.
For all delivery methods, the number of days in transit depends on the destination (it is indicated on the checkout webpage).
NB! If the delivery date has been exceeded, please contact the customer service department by sending email to info@Gess365
3.8 PACKAGING
3.8.1 The SELLER recommends that the product’s original packaging be kept in case a need for warranty service arises – some manufacturers require that. The serial number or other important information required for identifying the product must not removed from the product or from its packaging.
3.9 IMPOSSIBILITY OF DELIVERY
3.9.1 If the product price has changed or we have run out of stock and if by that it becomes impossible to deliver the product by the date specified in the order, the SELLER shall notify the buyer of the delay by using contact details specified in the order documentation. Either complete impossibility of delivery or new proposed delivery conditions shall be marked on the notification. If these new proposed conditions do not satisfy the buyer, he will be entitled to cancel the order. In this case, clause 3.12. shall enter into force.
3.10 RETURNING PRODUCTS UNDER WARRANTY
3.10 In case of impossibility to repair or replace products under warranty, the buyer shall be notified and in this case, clause 3.12. shall enter into force.
3.11 RIGHT OF WITHDRAWAL
3.11.1 If the buyer deems the purchased product unsuitable, he is entitled to terminate the contract of purchase and sale within 14 calendar days from receiving the product.
3.11.2 The returned product must not be used, it must also be in its original packaging:
• The fact of whether the product has been used shall be determined on the basis of the principle of reasonableness, i.e. if the product must be used to determine its suitability, the product shall be considered to be unused;
• The consumer must open the product’s original packaging carefully and must not damage the packaging. If the packaging cannot be opened, the returned product does not have to be in its original packaging;
• All of the product’s factory stickers, including serial number must be intact.
3.11.3 14-day contract withdrawal is not applicable to the following products:
• Products that have been manufactured considering the consumer’s personal needs or by following special conditions presented by the consumer;
• Audio and video recordings, program-based support if the consumer opened their packaging and/or activated the product;
• Newspapers, magazines and other publications.
3.11.4 If the buyer wishes to terminate the contract of purchase and sale, he must notify the OWNER of this wish by electronic mail within 14 calendar days of receiving the products, attaching photos of the products and packaging to the notification. The SELLER reserves the right to demand that additional photos of the products that will be returned are presented.
3.11.5 The buyer agrees to cover the costs of returning the products unless the returned products are wrong from the one he ordered (absolutely different model, type, length or color).
3.11.6 In case of contract termination, purchased products must immediately be returned (within 30 calendar days).
3.11.7 If this clause of the present terms and conditions is abused, the buyer accepts that Gess Market will refuse to provide him with any future services.
3.11.8 If the buyer wishes to exercise his right to terminate the contract for purchase and sale, clause 3.12. shall enter into force after the products are returned.
3.12 REFUNDS
The SELLER shall propose the buyer to choose from between the following options for using their refund:
• Purchase for another product of their choosing, together with a re-calculation of the order cost;
• A complete refund of paid funds to the customer’s bank account. The payout shall only be made as a non-cash transaction and only to the bank account that was used for paying for the order. The payout shall be made within 30 calendar days from receiving a relevant request from the buyer.
4. SECURITY
4.1 Gess Market (Gess365) is a secure online store from where you can buy in a safe manner:
• The seller cannot see any inserted bank card data, since the customer shall be transferred to the secure environment of the Card Centre of Banks. At the moment of payment, the insertion of the card owner’s bankcard data takes place into a database located at the Card Centre’s server and data is also stored at a server located at the Card Centre.
5. PROTECTION OF PERSONAL DATA
The SELLER shall be guided by good practice and adhere to the Personal Data Protection Act:
• The customer will only be asked for data required to fulfil the order;
• The customer will be notified if their personal data is forwarded to any third parties;
• By default, it is agreed that delivery details are passed on to courier companies for the purpose of delivering orders.
6. LIABILITIES OF PARTIES IN CASE OF CONTRACT BREACH
6.1. Parties are liable to each other for direct material damage caused to the other party due to their non-performance or improper performance of the terms and conditions of the contract.
7. FORCE MAJEURE
7.1. The non-performance of obligations derived from the contract shall not constitute a breach of contract if it was caused by force majeure, i.e. circumstance(s) that were beyond the breaching party’s control and pursuant to the principle of reasonableness could not have been expected to have considered that circumstance or avoid it or surpass its consequence at the time the Contract was concluded. Mainly, extraordinary natural forces, a general strike, mass disorders at local government unit at a Party’s domicile, war, a legislative act that significantly obstructs the performance of the Contract, another circumstance accepted by both Parties as force majeure, shall be considered as force majeure.
7.2. The Party whose performance of contractual obligations has been obstructed by force majeure must immediately notify the other Party of this in writing.
7.3. If the impact of force majeure is temporary, the breach of contract is only excusable during the time that force majeure obstructed the performance of the Contract. If the duration of force majeure circumstances exceeds 30 calendar days, both Parties are entitled to withdraw from the Contract without liability to compensate damage suffered by the other Party due to this withdrawal.

THE INFORMATION WE COLLECT

Generally, you may browse the website without providing any personally identifiable information. However, we may ask you to provide personally identifiable information at various times and places on this website. In some cases, if you choose not to provide us with the requested information, you may not be able to access all parts of this website or participate in all of its features.

We receive and store any personally identifiable information you enter on the website, whenever you shop with Gess Market — online, through our catalogs, or in our stores, or information you give us in any other way, such as by subscribing to our catalogs, email, or mobile messaging. For example, we may collect the following personally identifiable information: your name, address, telephone number, mobile telephone number, driver’s license number, birth date, and email address. If you use a credit or debit card or pay by check, we will also include your account number.

If you use one of our services, or participate in one of our surveys, promotions, or sweepstakes, we may ask for additional information, such as your age, interests, or product preferences.

From your purchases and other interactions with us, we obtain information concerning the specific products or services you purchase or use.

When you visit this website, our web server automatically collects anonymous information such as log data and IP addresses, and may collect general information concerning your location. We may use the automatically collected information for a number of purposes, such as improving our site design, product assortments, customer service, and special promotions.

HOW WE USE THE INFORMATION WE COLLECT

We use the information we collect for various purposes, including:

• To complete your purchase transactions 
• To provide the services you request
• To send you our catalogs and other offerings by mail
• To identify your product and service preferences, so we can notify you of new or additional products, services, and promotions that might be of interest to you.
• To notify you of product recalls or provide other information concerning products you have purchased
• To improve our merchandise selections, customer service, and overall shopping experience

OTHERS WITH WHOM WE SHARE YOUR INFORMATION

The GESS Market Group: All of the above information that we collect, as described above, may be shared among all Gess Market entities, including Gess Market stores, website and Private Sales.

Service Providers: We also may disclose information to outside companies that help us bring you the products and services we offer. For example, we may work with an outside company to: (a) manage a database of customer information; (b) assist us in distributing emails; (c) assist us with direct marketing and data collection; (d) provide us storage and analysis; (d) provide fraud prevention; and (e) provide other services designed to assist us in maximizing our business potential. We require that these outside companies
agree to keep confidential all information we share with them and to use the information only to perform their obligations in our agreements with them.

Other Companies: We may provide information to carefully selected outside companies when we believe their products or services may be of interest to you.

Business Transitions: We may transfer or share a copy of personal information about you in the event that Gess Market or one of its properties, affiliates, or subsidiaries goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets. You will be notified via email or prominent notice on our website prior to a change of ownership or control of your personal information, if your personal information will be used contrary to this policy. However, nothing in this Privacy Policy is intended to interfere with the ability of Gess Market to transfer all or part of its business and/or assets to an affiliate or independent third party at any time, for any purpose, without any limitation whatsoever. Gess Market specifically reserves the right to transfer or share a copy of personally identifiable information collected from its websites to the buyer of that portion of its business relating to that information.

Compliance with Law: We may provide access to information when legally required to do so, to cooperate with police investigations or other legal proceedings, to protect against misuse or unauthorized use of our website, to limit our legal liability, and to protect our rights or to protect the rights, property, or safety of visitors of this website or the public.

Gess Market partners with advertising companies to place our advertising on publisher websites on the Internet. These advertising companies collect anonymous information about your visits to our web site. This technology involves the use of third party cookies which allow them to develop personalized advertising so that it directly relates to offers that may be of interest to you. You may choose to opt-out of this service we have with our third-party advertising partner. We may also use Gess Market cookies to provide similar enhanced online marketing to you based on your interests and preferences. You may also choose to opt out of these enhanced online marketing ads.

YOUR CHOICES REGARDING USE OF THE INFORMATION WE COLLECT

We provide you with a number of choices regarding our handling of your nonpublic personally identifiable information.

Direct Mail or Telephone Marketing: If you shop at the Gess Market or Private Sales stores and wish to be removed from the list of customers that receive direct mail or telemarketing calls, please either write to Gess Market Customer Care at Voroshilova 2-814, 193318 Saint-Petersburg or call 8 (800) 555-38-45. If you choose to write to us, please include your name, address, and credit card account number (if you have one), and state one of the following:

“NO MAIL OFFERS” (if you don’t want to receive offers by mail);

“NO PHONE OFFERS” (if you don’t want to receive offers by phone);

or “NO PHONE OR MAIL OFFERS” (if you don’t want to receive either).

Because customer lists often are prepared well in advance of an offering (sometimes a few months before the offer is made), you may continue to receive some offers after you send us a request not to use your information for specified marketing purposes. We appreciate your patience and understanding in giving us time to carry out your request.

COOKIES, WEB BEACONS, AND HOW WE USE THEM

A “cookie” is a small data file stored by your Web browser on your computer or mobile device [hard drive]. It allows us to recognize your computer (but not specifically who is using it) upon entering our site by associating the identification numbers in the cookie with other customer information you have provided us. That customer information is stored on our secured database. A “web beacon” or “pixel tag” or “clear gif” is typically a one-pixel image, used to pass information from your computer or mobile device to a website.

We use cookies and web beacons to keep track of what you have in your shopping cart and to remember you when you return to the website as well as to identify the pages you click on during your visit to our site and the name of the website you visited immediately before clicking to the Gess Market website. We use this information to improve our site design, product assortments, customer service, and special promotions. You can, of course, disable cookies and web beacons on your computer by indicating this in the preferences or options menus in your browser. However, it is possible that some parts of our website will not operate correctly if you disable cookies. We may also use web beacons, and other technologies, to help track whether our communications are reaching you, to measure their effectiveness, or to collect certain non-personal information about your computer, device, or browser in order to allow us to better design future communications to you.

We may contract with third parties who may use cookies and web beacons and collect information on our behalf or provide services such as credit card processing, shipping, promotional services, or data management. We call them our Customer Care Partners. These third parties are prohibited by our contract with them from sharing that information with anyone other than us or our other Customer Care Partners.

ONLINE ACCOUNT REGISTRATION

To make online shopping faster and easier, you may register on the Gess Market website. As a registered customer, you only have to enter your shipping addresses and billing information once; they will be securely stored with us for your future use. Using your name and a password of your choice, you may access your account online at any time to add, delete, or change information.

If you are using a public computer, we strongly encourage you to LOG OUT at the conclusion of your session. Your information will still be stored with us but it will not be accessible to anyone else from that computer.

EMAILS

You will receive promotional emails from us only if you have asked to receive them. If you do not want to receive email from Gess Market or its affiliates you can click on the “Unsubscribe” link at the bottom of any email communication sent by us. Please allow us 3 business days from when the request was received to complete the removal, as some of our promotions may already have been in process before you submitted your request.

ACCEPTANCE

By using this website, you accept the policies set forth in this Privacy Policy.