1. Service Provider
The service provider is Smart Diet OÜ
Registration code: 14295370 Address: Heinamaa tee 19, Viimsi 74019 Estonia Email: info@heatervis.ee
2. The Client
The client is a natural person of at least 18 years of age who has accepted these terms of use.
When registering, the client confirms that they are at least 18 years old and do not suffer from any temporary or chronic illness.
3. Services
Smart Diet OÜ provides personalized nutritional recommendations and suggested menus delivered via the internet.
4. Client Health Requirements
Smart Diet OÜ provides services to individuals who are healthy and do not suffer from any temporary or chronic illness.
Smart Diet OÜ recommends consulting a doctor before starting to use the services. The client is responsible for ensuring they are healthy when registering.
5. Medical Disclaimer
Smart Diet OÜ does not provide medical services or give medical advice concerning the client’s health condition or how to improve it.
6. User Responsibility
The user is responsible for the accuracy and updating of all data in their profile and acknowledges that nutritional recommendations are provided based on this data.
7. User Decision-Making
The user makes final decisions regarding their nutrition using their best judgment.
8. Provider Liability Limitation
Smart Diet OÜ is not responsible for decisions made by the client regarding their nutrition.
9. Damages Limitation
Smart Diet OÜ is liable for any damages that may occur to the client only up to the amount of the purchased product.
10. Personal Data Processing
By creating an account on the heatervis.ee website, the client consents to the processing of their personal data under the following conditions.
Processing of personal data is necessary for the quality provision of services offered by Smart Diet OÜ. The data controller is Smart Diet OÜ, registration code 14295370, Heinamaa tee 19, Viimsi 74019 Estonia, email: info@heatervis.ee. Smart Diet OÜ may process the following client personal data:
- Client’s first and last name
- Data used by the client for authentication from their social network authentication account
- Client’s contact information
- Client’s postal and email address
- Client’s age, gender, height, and weight
- Client’s username and password
- Client’s IP address
- Client’s service usage history
- Client’s training data
- Client’s dietary preferences
Smart Diet OÜ uses the User’s personal data for preparing personalized nutritional recommendations and suggested menus delivered via the internet, for Smart Diet OÜ service development and marketing activities. Smart Diet OÜ stores User-entered personal data in a data center located in the European Union. Smart Diet OÜ keeps client data private and does not sell, share, or otherwise transfer it to third parties, except in cases provided by law. Family solution clients’ data is shown to other members of the same family if the client has given corresponding consent. Smart Diet OÜ may use clients’ non-personalized data for marketing activities, and the client gives consent for this, including consent to receive marketing messages from Smart Diet OÜ. The client has the right to request changes, clarifications, and termination of their personal data processing in accordance with the Personal Data Protection Act.
11. Cookies
Smart Diet OÜ monitors client usage habits using cookies and may make personalized offers or advertisements based on these habits.
Smart Diet OÜ may use third-party services such as Google or Facebook to monitor client usage habits. If desired, the client can remove themselves from the targeted advertising display system by visiting the Network Advertising Initiative page.
12. Payment Processing
Payments made to Smart Diet OÜ are processed by LHV Bank, SEB Bank, and Swedbank.
13. Money-Back Guarantee
Smart Diet OÜ offers a money-back guarantee within 14 days after payment.
When realizing the money-back guarantee within the period specified in point 13, there is no need to justify the desire for a refund. The money-back guarantee applies only to the first purchase from a new client. In other cases, upon entering into a contract, the client has the right to withdraw from the contract within 14 (fourteen) days from the conclusion of the respective contract, during which period the client has the right to withdraw from the contract without stating a reason. To comply with the deadline for exercising the right to the money-back guarantee or the right of withdrawal, it is sufficient to send a notice of the exercise of the respective right before the expiry of the respective deadline. To exercise the right to the money-back guarantee or the right of withdrawal arising from the contract, the client must submit an unambiguous statement of the money-back guarantee or withdrawal to the email address info@heatervis.ee. The client may use the standard withdrawal form established by the Minister of Justice to withdraw from the sales contract. The fee paid for the service will be refunded within 14 (fourteen) days from the receipt of the money-back guarantee realization or withdrawal statement by the Seller. Money is returned using the same payment method and to the same account from which the payment was made. The account may be linked to a bank card, be a bank account from which the payment was made, or a PayPal account or other similar account. In case of realizing the right to a money-back guarantee for a purchase made using a gift card, the money is returned to the gift card purchaser. The money-back guarantee is valid only for purchases made through the heatervis.ee website. The right to withdraw from the contract applies only to purchases made through distance communication means.
14. Copyright
All texts, data, recipes, posts, etc. on the heatervis.ee page are the property of Smart Diet OÜ and are protected by copyright, and their citation, reference, or other publication is permitted only with the written consent of Smart Diet OÜ in a form that enables reproduction.
15. Severability
If any point of these terms of use is found to be in conflict with the law, it does not affect the validity of the remaining points of the terms of use.
Online Store Terms of Use
1. General Terms
The STORE operating on the website heatervis.ee is an e-store (hereinafter Store) selling items, recipes, menus, literature, food supplements, etc. supporting healthy lifestyles (hereinafter Products), managed by Smart Diet OÜ (hereinafter seller); These online store terms of use (hereinafter: online store terms of use) and the legal acts in force in the Republic of Estonia apply to the purchase of Products from the Store. A person purchasing Products from the Store (hereinafter buyer) confirms their agreement with the online store terms of use when making a purchase from the Store.
2. Contract Conclusion
The seller sells and the buyer purchases Products offered for sale in the Store; The sales contract between the seller and the buyer comes into force from the receipt of the amount due according to the order confirmation in the seller’s current account. Products are not reserved before the sales contract comes into force (including by merely adding to the shopping cart or debiting payment from the buyer’s account).
3. Price
The prices of Products for sale (including VAT) are published on product pages in the Store. The seller delivers the purchased Product to the address indicated by the buyer when making the purchase via courier or postal service provider. For digital products, the buyer gains access to use the product. The buyer pays for the goods delivery costs according to the prices specified in point 6.2 of the online store terms of use.
4. Product Availability, Photos, and Descriptions
The seller makes all reasonable efforts to ensure that the stock levels indicated in the e-store correspond to reality, but cannot exclude a situation where the stock level indicated on the product page is incorrect. In case of absence of the selected Product, the seller will contact the buyer as soon as possible, and the buyer can choose between the following options: refund of the purchase price on the next working day following the submission of the respective request; replacement of the missing Product with a Product of the same value; ordering the Product from the central warehouse, in which case the delivery time of the Product is extended; The seller makes all reasonable efforts to ensure that photos of Products are lifelike, however, photos may differ somewhat from the actual appearance of the Products; The seller makes all reasonable efforts to ensure that Product descriptions are comprehensive and accurate, updating and supplementing Product information as necessary to ensure the relevance of descriptions, but despite this, there may be inaccuracies in Product descriptions.
5. Account Creation
Creating an account to purchase Products is not mandatory, but creating an account may come with special offers.
6. Product Delivery
The seller delivers the purchased Product as a package corresponding to the Product’s dimensions either through postal institutions or courier service. The cost of Product delivery is 3.98 EUR per order. The Product is delivered within 5 (five) working days from the entry into force of the sales contract. If the Product is returned to the seller due to an incorrect address, expiry of the storage period, or other reason dependent on the buyer, the buyer shall reimburse the seller for the costs associated with the repeated sending of the Product according to the price set in point 6.2 of the online store terms of use. The ordered Product must reach the buyer in an undamaged form and in a sealed package. The seller’s obligation to deliver the Product is considered fulfilled upon handing over the package containing the Product to the postal or courier service provider or posting it to the mailbox located at the address indicated by the buyer.
7. Product Return (Withdrawal from Contract)
The buyer has the right to return the purchased Product without stating a reason by withdrawing from the contract within 14 (fourteen) days from the delivery of the Product to the buyer. To comply with the deadline for exercising the right of withdrawal, it is sufficient for the buyer to send a notice of exercising the right of withdrawal before the expiry of the withdrawal period. To return the Product, the buyer must send an email containing a clear and unconditional wish to return and the purchase invoice number to the email address info@heatervis.ee or post the Product to the seller along with an unambiguous statement of withdrawal from the sales contract. The buyer may use the standard withdrawal form established by the Minister of Justice to withdraw from the sales contract. The direct cost associated with returning the Product must be paid by the buyer, except in cases where the returned Product was defective. The purchase price of the returned Product and delivery costs (except for additional costs arising from the delivery method chosen by the buyer, which differs from the cheapest standard delivery method offered by the seller) will be refunded within 5 (five) working days from the return of the purchased Product to the seller. Refunds are made using the same payment method that the buyer used to make the payment, unless the buyer has expressly consented to the use of a different payment method. The returnable Product must not be damaged. If the returnable Product and/or the Product packaging is damaged and the damage is caused by circumstances not attributable to the seller, the seller has the right to offset the decrease in the Product’s value with the purchase price paid for the returned Product and subject to refund. For offsetting, the seller shall send a corresponding statement to the buyer. The returnable Product must not have signs of use. If it turns out that the Product has been used, the seller follows the principle of reasonable use – if it was necessary to try the Product to determine its unsuitability, the Product is considered unused. The seller has the right to offset the decrease in the Product’s value due to use with the amount paid by the buyer for the Product and subject to refund to the buyer. The returnable Product must be in its original packaging and with price tags. If possible, the packaging should be opened in a way that does not damage it. If it is not possible to open the packaging without damaging it, the returnable Product does not have to be in the original packaging.
Filing Complaints and Returning Non-Conforming Products
The seller is responsible for the Product’s non-conformity and defects that were present in the Product at the time of handover and appear within two years from the handover of the Product to the buyer; In case of Product non-conformity or defect, the buyer has the right to demand the replacement of the product with a product that conforms to the requirements and is without defects, or to withdraw from the order and return the non-conforming Product at the seller’s expense; The seller is not responsible for Product defects that have occurred due to: Reasons attributable to the buyer; Non-intended use of the Product; Failure to follow the instructions in the Product’s user manual or failure to maintain the Product; If the Product’s non-conformity and defects have occurred due to a circumstance attributable to the buyer and the buyer has returned such a Product to the seller, the seller shall not refund the buyer the cost of the Product or transport costs, but shall return the product to the buyer by post or courier, at the buyer’s expense. In case of justified return of the Product, the seller shall refund the cost of the returned Product and its transport costs (both initial and return) to the buyer’s current account (money is returned to the same bank account from which the payment was made) within 14 working days from the day of receipt of the goods; Notice of the Product’s non-conformity and defects must be sent to the seller in writing to the seller’s postal address or by email to info@heatervis.ee immediately, but not later than within two months from the discovery of the product defect. The notice must include: the buyer’s name and contact details the date of filing the complaint an exact description of the product defect the claim submitted to the seller (Product replacement or money refund) the order or invoice number proving the purchase. According to the Consumer Protection Act, the seller is obliged to respond to the buyer’s complaint in writing within 15 days.
8. Liability and Force Majeure
The seller is liable to the buyer and the buyer is liable to the seller for damages caused by breaching the terms of this contract in the cases and to the extent provided by legal acts; The seller is not liable for damages caused to the buyer or for the delay in Product delivery if the damage or delay in Product delivery is due to a circumstance that the seller could not influence and which the seller did not foresee nor could have foreseen (force majeure); The seller is not liable for the loss or damage of the Product that has occurred after the Product has been handed over to the buyer; The seller is liable to the buyer to the extent of the Product’s sales price and transport costs paid by the buyer.
9. Privacy
By using the Store, the buyer consents to the seller processing their personal data under the conditions set out in this contract; Personal data that has become known to the seller is entered into the customer register and used for providing the sales service and offering Products. The buyer’s personal data necessary for delivering the goods is forwarded to the company providing postal or courier services only to the extent absolutely necessary; Protection of personal data is ensured by all security measures arising from the law. The seller undertakes not to forward registered personal data to unauthorized persons or to use personal data in conflict with the law or this contract; The data controller of personal data is the seller, i.e., Smart Diet OÜ, registration code 14295370, address Heinamaa tee 19, Viimsi 74019 Estonia, email: info@heatervis.ee.
10. Changes to Terms
The seller has the right to change and supplement the terms of this contract and the price list due to the development of the Store and in the interest of better and safer use of the Store. Changes and supplements to the terms and price list are announced through the website heatervis.ee. Changes and supplements to the terms and price list come into force upon the publication of the respective change or supplement on the website heatervis.ee. In case of submitting an order before the changes to the terms come into force, the legal relationship between the seller and the buyer is governed by the terms in force at the time of the buyer submitting the order, unless otherwise provided by law or the terms of this contract; The seller reserves the right to refuse to sell the Product if one of the following problems has occurred with the Product: there has been a human error in entering the Product price or a technical error in the system (for example, if a Product costing 200 EUR is on sale for 5 EUR).
11. Other Terms
For issues not separately resolved in the terms of this contract, the legal acts in force in the Republic of Estonia shall be followed. Disputes arising between the seller and the buyer in connection with the purchase of Products shall be resolved through negotiations. If an agreement is not reached, the buyer has the right to turn to the Consumer Protection Board or Harju County Court, and the seller to Harju County Court for the protection of their rights.