Terms of service

Table of Contents:

  • Article 1 – Definitions
  • Article 2 – Identity of the Entrepreneur
  • Article 3 – Applicability
  • Article 4 – The Offer
  • Article 5 – The Agreement
  • Article 6 – Right of Withdrawal
  • Article 7 – Costs in Case of Withdrawal
  • Article 8 – Exclusion of the Right of Withdrawal
  • Article 9 – The Price
  • Article 10 – CESOP
  • Article 11 – Compliance and Warranty
  • Article 12 – Delivery and Execution
  • Article 13 – Duration Transactions: Term, Termination and Renewal
  • Article 14 – Payment
  • Article 15 – Complaints
  • Article 16 – Disputes
  • Article 17 – Additional or Deviating Provisions
  • Article 18 – Clothing and Footwear
  • Article 19 – Return Address

Article 1 – Definitions

In these Terms and Conditions, the following definitions shall apply:

  • Supplementary Agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract, and these are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader.
  • Withdrawal Period: the period within which the consumer can exercise their right of withdrawal.
  • Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession and who enters into a contract with the trader.
  • Day: calendar day.
  • Digital Content: data produced and delivered in digital form.
  • Duration Transaction: a contract relating to a series of products and/or services, where the supply and/or purchase obligation is spread over time.
  • Durable Medium: any tool – including email – that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
  • Right of Withdrawal: the consumer’s option to withdraw from the distance contract within the withdrawal period.
  • Model Withdrawal Form: the withdrawal form made available by the trader, which the consumer can complete if they wish to exercise their right of withdrawal.
  • Trader: the natural or legal person who offers products and/or (access to) digital content and/or remote services to consumers.
  • Distance Contract: an agreement concluded between the trader and the consumer within the framework of an organized system for distance selling of products and/or services, where exclusive use is made of one or more means of distance communication up to and including the conclusion of the agreement.
  • Means of Distance Communication: means that can be used to conclude an agreement without the consumer and the trader being in the same place at the same time.
  • Terms and Conditions: these general terms and conditions of the trader.

Article 2 – Identity of the Entrepreneur

Email: contact@captain-cutie.com
Phone: +1 479 323-1802

Company Name: Captain Cutie

Opening Hours:

Monday – Friday: 09:00 – 18:00 EST
Sunday: Closed
Public Holidays: Closed

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before concluding a distance contract, the consumer shall be provided with the text of these general terms and conditions. If this is not reasonably possible, the entrepreneur will indicate, prior to the conclusion of the distance contract, how the general terms and conditions can be viewed and that they will be sent free of charge as soon as possible upon request by the consumer.

If the distance contract is concluded electronically, then, by way of deviation from the previous paragraph, the text of these general terms and conditions will be made available to the consumer in electronic form in such a way that the consumer can easily store it on a durable medium. If this is not possible, it will be indicated before the conclusion of the distance contract where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge, electronically or otherwise, upon request.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of contradictory conditions, the consumer may always rely on the provision most favorable to them.

If one or more provisions of these general terms and conditions are at any time declared null and void or are nullified in whole or in part, the remainder of the general terms and conditions shall remain in full force and effect, and the provision in question shall be replaced by mutual agreement with a provision that comes as close as possible to the intent of the original.

Situations not covered by these general terms and conditions must be assessed in the spirit of these terms and conditions.

Uncertainties about the interpretation or content of one or more provisions shall be interpreted in accordance with the spirit of these terms and conditions.

Article 4 – The Offer

If an offer has a limited duration or is made subject to conditions such as suspensive or resolutive conditions, this shall be explicitly stated in the offer.

The entrepreneur's offer is non-binding. The entrepreneur reserves the right to modify or adjust the offer.

The entrepreneur's offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images that suggest they depict the offered product, these images are a true representation of the products and/or services. Obvious errors or mistakes in the offer do not bind the entrepreneur.

The product images are a true representation of the offered products. However, the entrepreneur cannot guarantee that the colors displayed exactly match the actual colors of the products.

Each offer includes information that makes it clear to the consumer what rights and obligations are associated with accepting the offer. This includes, but is not limited to:

  • Any possible shipping costs;
  • The method of concluding the contract and the necessary steps for doing so;
  • Whether a different rate for distance communication is used than the standard base rate for the communication medium used;
  • Whether the contract is archived after conclusion and, if so, how it can be accessed by the consumer;
  • The minimum duration of the distance contract in the case of extended transactions;
  • The applicability of the right of withdrawal;
  • The method of payment, delivery, and performance of the contract;

The price does not include customs clearance fees and import VAT. These additional costs are the responsibility and risk of the customer. The postal and/or courier service will apply the special arrangements for postal and courier services related to imports. This arrangement applies when the goods are imported into the destination EU country, which is the case here. The postal and/or courier service will collect the VAT (possibly along with customs clearance fees) from the recipient of the goods.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the conditions set forth.

If the consumer has accepted the offer electronically, the trader shall confirm receipt of the electronic acceptance of the offer without delay. As long as this receipt has not been confirmed, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the trader shall implement appropriate technical and organizational measures to secure the electronic transmission of data and ensure a safe web environment. If the consumer can pay electronically, the trader shall implement suitable security measures.

Within legal limits, the trader may verify whether the consumer is able to meet their payment obligations, as well as all relevant facts and factors important for responsibly concluding a distance contract. If, based on this investigation, the trader has good reasons not to conclude the contract, they are entitled to refuse an order or request, stating the reasons, or to attach special conditions to its execution.

The trader shall provide the consumer, at the latest upon delivery of the product, service, or digital content, with the following information in writing or in a way that enables the consumer to store it accessibly on a durable medium:

  • The physical address of the trader’s establishment where the consumer can lodge complaints;
  • The conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  • Information on warranties and existing after-sales service;
  • The price including taxes of the product, service, or digital content;
  • Any delivery costs, if applicable;
  • The method of payment, delivery, or performance of the distance contract;
  • The conditions for terminating the agreement if the contract has a duration of more than one year or is of indefinite duration;
  • If the consumer has a right of withdrawal, the model withdrawal form.

In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of Withdrawal

For product deliveries:

When purchasing products, the consumer has the right to withdraw from the contract within 14 days without giving any reason.

This withdrawal period begins the day after the consumer, or a third party designated by the consumer and the trader, receives the product.

If:

  • The consumer has ordered multiple products in one order, the withdrawal period begins the day the consumer or a third party receives the last product. The trader may refuse an order for multiple products with different delivery times if this was clearly stated before the ordering process.
  • The delivery of a product consists of multiple shipments or parts, the withdrawal period begins the day the last shipment or part is received by the consumer or their designated third party.
  • The agreement is for regular delivery of products over time, the withdrawal period begins the day the first product is received.

For services and digital content not delivered on a physical medium:

In the case of a service contract or a contract for digital content not delivered on a physical medium, the consumer may withdraw from the agreement within fourteen days without giving a reason. This period starts the day after the contract is concluded.

Extended withdrawal period if no withdrawal information is provided:

If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the withdrawal period expires twelve months after the original withdrawal period ends, as set out in the preceding paragraphs.

If the trader provides the consumer with the required information within twelve months after the start of the original withdrawal period, the withdrawal period ends 14 days after the consumer receives this information.

Obligations during the withdrawal period:

During the withdrawal period, the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If the consumer exercises the right of withdrawal, the product should be returned with all supplied accessories, in its original condition and packaging where reasonably possible, and in accordance with the trader’s clear and reasonable instructions.

How to exercise the right of withdrawal:

If the consumer wishes to use their right of withdrawal, they must notify the trader within 14 days of receiving the product using the model withdrawal form. Once the consumer has notified the trader, they must return the product within 14 days. The consumer must be able to provide proof that the product was returned on time, such as a shipping receipt.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, they shall bear only the cost of returning the goods.

The trader shall reimburse the purchase amount as soon as possible, but no later than 14 days after withdrawal, using the same payment method the consumer used. This reimbursement is conditional upon the return of the goods or proof that they have been returned in full.

Any decrease in the value of the product caused by careless handling will be charged to the consumer. This does not apply if the trader has not provided all legally required information about the right of withdrawal prior to the conclusion of the purchase agreement.

Article 8 – Exclusion of the Right of Withdrawal

Exclusion of the right of withdrawal is only possible if the trader clearly stated this when making the offer, or at least in a timely manner before concluding the agreement, and if it concerns one of the products listed in paragraphs 2 and 3.

Exclusion is only possible for the following products:

  • Products created according to the consumer's specifications;
  • Products clearly of a personal nature;
  • Products that spoil or age quickly;
  • Products whose price is subject to fluctuations in the financial market over which the trader has no influence;
  • Single newspapers and magazines;
  • Audio or video recordings and computer software whose seal has been broken by the consumer;
  • Hygiene products where the consumer has broken the seal.

Exclusion is only possible for the following services:

  • Services related to accommodation, transportation, catering, or leisure activities to be performed on a specific date or during a specific period;
  • Services that began with the consumer’s explicit consent before the withdrawal period ended;
  • Bets and lotteries.

Article 9 – Price

During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

Notwithstanding the previous paragraph, the trader may offer products or services with variable prices that are subject to fluctuations in the financial market and over which the trader has no influence. Liability for these fluctuations and the fact that any mentioned prices are guide prices shall be clearly stated in the offer.

Price increases within three months after the conclusion of the contract are only permitted if they result from statutory regulations or provisions.

Price increases more than three months after the contract was concluded are only allowed if the trader has agreed to them and:

  • They result from statutory regulations or provisions; or
  • The consumer has the right to terminate the contract from the day the price increase takes effect.

Import VAT and customs clearance fees are collected by the postal or courier service directly from the customer. Therefore, the trader does not charge VAT.

All prices are subject to printing and typographical errors. The trader accepts no liability for the consequences of such errors. In the event of printing or typographical errors, the trader is not obliged to deliver the product at the incorrect price.

Article 10 – CESOP

Due to measures introduced and tightened in 2024 under the "Amendment to the VAT Act of 1968 (Implementation of the Payment Services Providers Directive)", and the resulting establishment of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.

Article 11 – Warranty and Conformity

The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and existing legal provisions and/or government regulations at the time of the conclusion of the contract. If agreed, the trader also guarantees that the product is suitable for use other than normal use.

Any warranty provided by the trader, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the trader based on the agreement. This includes any commitment by the trader, their supplier, importer, or manufacturer granting the consumer certain rights or claims beyond what is legally required, should the trader fail to fulfill their part of the agreement.

Any defects or incorrectly delivered products must be reported to the trader in writing within 4 weeks of delivery. Returned products must be in their original packaging and in new condition.

The warranty does not apply if:

  • The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
  • The delivered products have been exposed to abnormal conditions or have otherwise been handled negligently or contrary to the trader’s instructions and/or instructions on the packaging;
  • The defect results in whole or in part from regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 12 – Delivery and Execution

The trader shall exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.

The place of delivery is the address provided by the consumer to the company.

Subject to what is stated in paragraph 4 of this article, the company shall fulfill accepted orders promptly but no later than 30 days, unless a longer delivery period has been agreed upon by the consumer. If the delivery is delayed or if an order cannot or can only partially be fulfilled, the consumer shall be informed of this no later than 30 days after placing the order. In such a case, the consumer has the right to terminate the contract without penalty. The consumer is not entitled to compensation.

All delivery times are indicative. The consumer cannot derive any rights from any stated delivery periods. Exceeding a delivery period does not entitle the consumer to compensation.

In case of termination as mentioned in paragraph 3 of this article, the trader shall refund the amount paid by the consumer as soon as possible, but at least within 14 days after termination.

If delivery of an ordered product proves impossible, the trader shall endeavor to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The cost of return shipping is borne by the trader.

The risk of damage and/or loss of products lies with the trader until the moment of delivery to the consumer or a previously designated representative, unless explicitly agreed otherwise.

Clothing Sizes:

The sizes on our website are European sizes. However, you may sometimes receive clothing labeled with a different size. Don’t worry! This is because we source our clothing internationally, and sizes may differ from European sizing. As a result, your item may carry a different size label. If you believe you received the wrong size, please contact us!

Article 13 – Duration Contracts: Termination and Renewal

Termination

The consumer may terminate an agreement concluded for an indefinite period, which involves the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and with a notice period of no more than one month.

The consumer may terminate a fixed-term contract that was concluded for the regular delivery of products (including electricity) or services at the end of the fixed term, subject to the agreed termination rules and with a notice period of no more than one month.

The consumer may terminate the agreements mentioned in the previous paragraphs:

  • At any time and not be limited to termination at a specific time or during a specific period;
  • In the same manner as they were concluded;
  • With the same notice period that the trader has stipulated for themselves.

Renewal

A fixed-term contract for the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.

Notwithstanding the previous paragraph, a fixed-term contract for the regular delivery of daily or weekly newspapers or magazines may be tacitly renewed for a maximum of three months if the consumer can terminate the renewed agreement with a notice period of no more than one month.

A fixed-term contract for the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and no more than three months in case of a contract involving the regular delivery of daily or weekly newspapers or magazines that occur less than once a month.

A fixed-term contract for a trial or introductory subscription to newspapers, news publications, and magazines is not automatically renewed and ends automatically after the trial or introductory period.

Duration

If a contract lasts more than one year, the consumer may terminate it at any time after one year with a notice period of no more than one month, unless reasonableness and fairness prevent termination before the agreed end of the term.

Article 14 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the withdrawal period referred to in Article 6 paragraph 1. In the case of a service agreement, this period starts after the consumer receives confirmation of the agreement.

The consumer is obliged to report any inaccuracies in the provided or stated payment details to the trader immediately.

If the consumer fails to fulfill their payment obligation, and subject to legal limitations, the trader is entitled to charge the consumer all previously communicated reasonable costs incurred as a result.

Article 15 – Complaint Procedure

The trader must have a properly communicated complaints procedure and shall handle complaints in accordance with this procedure.

Complaints about the execution of the contract must be submitted to the trader clearly described and in full within a reasonable time after the consumer has discovered the defects.

Complaints submitted to the trader will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, it becomes a dispute subject to dispute resolution.

Article 16 – Disputes

For agreements between the trader and the consumer to which these general terms and conditions apply, Estonian law exclusively applies.

Article 17 – Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions must not be detrimental to the consumer and should be documented in writing or in such a way that the consumer can store them on a durable medium.

Article 18 – Clothing and Footwear

Unfortunately, we do not accept returns for clothing and footwear due to the significant environmental impact. If your clothing does not fit, we offer a 50% discount voucher so you can reorder the correct size. We encourage you to gift the original item to a friend to avoid waste.

Here are some facts behind our decision:

  • In 2018, the Environmental Protection Agency reported that 17 million tons of textile waste ended up in landfills, accounting for 5.8% of total municipal solid waste that year.
  • According to the World Resources Institute, it takes 2,700 liters of water to produce a single cotton shirt.
  • Textiles can take up to 200+ years to decompose in landfills.

Because our products are shipped directly from the manufacturer, we already reduce emissions significantly. Accepting returns would result in unnecessary waste and additional environmental impact from return logistics, which goes against our mission: building a better world.

Article 19 – Return Address

For returns (including exercising the right of withdrawal): Please contact us so we can send you the return label by email. Simply download and print the label. Please note that return shipping costs are the responsibility of the customer.

Email: contact@captain-cutie.com
Phone: +1 479 323-1802