Terms of Service
Last updated: 2 October 2026
These Terms govern the use of Hertwill by businesses selling products through online stores and other sales channels approved for their account. They cover access to our services, subscriptions, wholesale orders and fulfillment. Please read them before accepting them or placing an order.
1. Who we are
Hertwill is operated by Hertwill OÜ, an Estonian company with registry code 16216305, VAT number EE102588307 and its office at Krulli 2b, 10416 Tallinn, Estonia. You can contact us at hello@hertwill.com.
In these Terms, “Hertwill”, “we” and “us” mean Hertwill OÜ. “You” means the business using Hertwill. “Supplier” means a brand, manufacturer or other supplier whose products are available through Hertwill. “Customer” means the person buying products from your business.
2. Scope and acceptance
Hertwill is a service for business use. These Terms apply when you accept them as part of creating an account, subscribing or another agreement process we provide. You confirm that you are legally able and authorized to enter into this agreement on behalf of your business. Individuals operating a business may also use Hertwill for that business. These Terms do not apply retroactively to orders placed before they became part of your agreement with us.
Our services include the website, supported ecommerce integrations and any API, MCP server or other tools made available for your account. Available functions depend on the integration, plan and permissions you use. These Terms do not promise access to functions that have not been released.
These Terms govern merchant use. Suppliers’ commercial arrangements with Hertwill are governed by their separate supplier agreements.
Our Shipping, Returns and Refunds and Warranty policies form part of this agreement for wholesale orders. If documents conflict, a separately agreed written contract takes priority, followed by specific product, brand or order conditions clearly disclosed before you submit the order, then these Terms and then the general policies. Specific conditions override a general provision only on the matter they expressly address. No condition overrides mandatory law. The versions in effect when an order is submitted apply to that order. The FAQ provides operating guidance and does not independently amend this agreement.
3. Accounts and connected stores
Keep your business information, contact details, delivery information and tax details accurate. Protect account access and API keys, give access only to authorized users and tell us promptly if you suspect misuse. You are responsible for actions you authorize through your account, including actions taken by staff, contractors and automated tools.
Each connected store has its own plan and billing arrangements unless we agree otherwise in writing. Linking stores under one login does not combine their subscriptions. Store or account transfers require verification and authorization from the relevant owners.
You must maintain the permissions and settings needed for your integration. Before accepting customer orders, check that products, delivery destinations and fulfillment settings are correct. Monitor your Hertwill orders and respond to payment or delivery issues promptly. We remain responsible for performing our own obligations with reasonable care.
4. Our role and your role
Hertwill provides access to wholesale products and arranges their fulfillment through suppliers and logistics providers. You pay Hertwill for the products and related fulfillment charges, and suppliers may ship directly to your customer. Hertwill is your contractual counterparty for orders accepted under these Terms and is responsible for the obligations it undertakes, including when it uses partners to perform them.
You are the seller to your customer. The retail sale is between you and your customer, and you are responsible for your store, retail pricing, customer payments, customer service and the legal obligations attached to that sale. Hertwill does not collect your customer’s payment on your behalf. A payment or refund in your store does not automatically settle or refund your separate payment to Hertwill.
You must provide accurate delivery, returns, tax and product information to customers. You must honor applicable consumer rights even where they go beyond Hertwill’s B2B return or warranty arrangements. You may not require your customer to wait beyond a mandatory legal deadline because a supplier has not completed its review.
You are responsible for ensuring that the products you offer or sell may lawfully be marketed and sold in each country or region you target and for complying with all laws and regulations applicable to your business and your role as a seller, distributor or importer. Before listing a product, you must check the applicable product safety, labeling, language, warning, certification and sales requirements and obtain any registrations, licenses or approvals required for your activities. Product availability, brand approval or shipping availability through Hertwill does not by itself confirm compliance with every local requirement.
Use the product information and documentation we provide and ensure your listings contain the disclosures required in each market. If required compliance information is missing, contact us before offering the product for sale. Do not remove required labels or warnings, or offer products you know or have reason to believe are unsafe or non-compliant. Notify us promptly of safety or compliance concerns, stop affected sales where required and cooperate with recalls or corrective action. Nothing in this section transfers or excludes legal duties that apply to Hertwill, manufacturers or other suppliers in their own roles.
Hertwill does not provide insurance for your business or promise any level of sales, revenue or profit.
5. Product availability and brand approval
Products may be available only for particular destinations, stores or sales channels. Where brand approval is required, obtain it before offering that brand’s products for sale. Importing a product does not by itself establish approval or availability for every market.
Marketplace sales require approval unless the current brand conditions expressly permit the relevant marketplace and territory. Approval for one store, channel or market does not automatically extend to another. Restrictions apply only to the extent permitted by applicable law.
Availability and brand approval may change. We will notify you of a withdrawal or material restriction affecting your store as soon as reasonably possible and explain what action is needed. Stop accepting new orders for affected products when the restriction takes effect. Any accepted orders that cannot be completed will be handled under section 9. Nothing in these Terms authorizes an unlawful restriction on resale.
Stock information may change between a customer’s purchase and our receipt of the wholesale order. Importing a product does not reserve stock. We will tell you if an order cannot be supplied and refund any amount collected for goods and services we cannot provide.
You set your retail prices independently. Recommended retail prices are guidance only. Any additional brand conditions must comply with applicable competition law and cannot require unlawful fixed or minimum resale prices.
6. Product content and intellectual property
Hertwill and the relevant rights holders retain ownership of their software, trademarks and content. We grant you a non-exclusive right to use product descriptions, images and other marketing material supplied for that purpose to sell approved products through authorized channels, subject to any disclosed license conditions.
You may adapt content for your store if the result remains accurate and respects the rights of others. Preserve the source and meaning of customer reviews; do not present supplier-provided reviews as verified purchases from your own store unless that is true. Do not make unsupported claims or remove safety information.
You may use authorized service providers and tools to publish permitted content for your business. You may not sell or redistribute our catalog or marketing assets as a separate service without our written agreement. End promotional use when your authorization to sell the relevant products ends, while retaining records and content needed to complete existing orders or meet legal obligations.
Do not impersonate Hertwill or suggest that your business is owned or operated by us. You may accurately identify Hertwill as your supplier or partner. Using Hertwill in your store name, domain or branding requires our written permission.
7. Subscriptions and billing
The price, billing interval, trial conditions, features and limits shown when you subscribe form part of your plan. Subscription fees are separate from product, shipping and other order charges. Where platform billing is used, the billing authorization and currency shown by that platform apply.
Paid plans renew automatically for the selected billing interval unless cancelled before renewal. If your trial includes automatic conversion to a paid plan, the subscription starts at the end of the trial on the terms disclosed when you enrolled. Cancel before that time to avoid the subscription charge.
You can cancel your paid plan in your account’s Subscription Plans section. If the integration remains connected, you retain paid-plan access until the end of the paid billing period and your account then changes to the free plan. Cancellation stops future renewals but does not remove charges already incurred, even if the billing provider collects them later.
For a subscription billed through Shopify, uninstalling Hertwill stops future recurring app charges through Shopify, although charges already incurred may still appear on a later bill. If you are billed directly by Hertwill, uninstalling or disconnecting an integration does not itself cancel that subscription. Check the cancellation confirmation and contact us if you cannot cancel or are unsure which billing arrangement applies.
Paid subscription fees are non-refundable except where required by law or expressly provided in these Terms. On an upgrade, unused prepaid value is credited as shown in the upgrade flow. Other plan changes take effect on the date and billing terms displayed before you confirm them.
If your store exceeds its plan limits, we may pause further imports or acceptance of new orders until you reduce usage or upgrade. Check the effect of a downgrade on your existing listings and do not continue accepting customer orders that your plan cannot fulfill. A plan change does not remove our obligations for wholesale orders already accepted.
We will give at least 30 days’ notice of subscription price increases. They apply from a renewal after that notice period, not retroactively to a prepaid period. You can cancel before the increased price takes effect. Any additional billing-platform approval requirements also apply.
8. Wholesale prices and order payments
Wholesale prices and shipping charges are shown separately from your retail prices. Catalog amounts exclude VAT unless stated otherwise. We apply tax according to the transaction and applicable law using the business information you provide. A VAT number does not automatically make every transaction eligible for zero-rated treatment.
Wholesale prices and shipping charges may change for future orders. For automatically submitted orders, the applicable price is the Hertwill price in effect when we receive the order, not necessarily the cost previously synced to your store. We will email you before a wholesale product price change takes effect. Any automated cost-update setting updates product costs only to the extent supported by your integration; you remain responsible for your retail prices.
We will not apply a later price increase to an accepted order. If an obvious pricing error prevents acceptance, we will explain it and let you accept the corrected amount or cancel without charge. We will not collect a corrected higher amount without your agreement. For an accepted order affected by an error, the remedies available under applicable law apply.
Wholesale order payments are processed through Stripe in EUR. Saving a payment method and enabling fulfillment authorizes us to charge for orders submitted under your approved settings, including product cost, shipping and applicable tax. Any separately chargeable return or other service must be disclosed before you request or approve it.
We require payment before fulfillment. Failed payments, incomplete authentication or missing delivery information may put an order on hold. We may retry a failed charge, but successful payment does not guarantee that stock remains available. Resolve the issue promptly or request cancellation. An invoice is made available for each order payment.
You must pay Hertwill independently of when your payment provider releases your customer’s funds. Tell us promptly about an incorrect charge so we can investigate. Nothing in these Terms removes any non-waivable payment dispute rights.
Wholesale payment disputes and chargebacks
If you dispute a wholesale charge or request a chargeback, notify us and reasonably cooperate in establishing what happened. Both parties must provide relevant payment authorization, order, delivery and correspondence records, subject to applicable privacy requirements. Contacting us is not a condition of exercising a legitimate dispute right and must not delay any bank or payment-provider deadline.
A chargeback does not by itself determine whether the underlying wholesale amount is contractually owed. We will reconcile the disputed payment against refunds, chargeback proceeds and other recoveries and explain any amount we consider outstanding and why. You must pay amounts that remain lawfully due, but we will not collect the same amount twice or recharge a disputed payment without a valid authorization and compliance with applicable payment rules. We will promptly return any duplicate recovery.
Where a dispute or payment reversal creates an objectively reasonable payment risk, we may temporarily restrict new orders or require another approved payment method. Restrictions must be proportionate and reviewed when the risk is resolved. Raising a legitimate dispute alone is not a breach of these Terms. Any restriction does not remove our obligations for already accepted orders or existing refund and warranty claims.
Confidential commercial information
Keep confidential any non-public commercial information we disclose that is marked confidential or should reasonably be understood to be confidential, including individually negotiated discounts and private supplier purchase terms. Use it only to operate your business relationship with Hertwill. Publicly accessible catalog or API prices are not confidential merely because they are wholesale prices. This obligation also excludes information you can show was already lawfully known to you, independently developed or lawfully received from another source without a confidentiality duty.
You may share this information with staff, professional advisers and authorized service providers or integrations that need it for that purpose and are bound by appropriate confidentiality duties. You remain responsible for sharing it only as permitted here. Disclosure required by law, a court or a regulator is permitted; give us advance notice where lawful and practicable. These duties continue after termination while the information remains confidential.
9. Order submission and acceptance
An order received through an integration or authorized tool is your request to purchase the listed products and fulfillment services. An acknowledgement that data has reached Hertwill does not itself confirm acceptance. We accept an order when we confirm acceptance for fulfillment or dispatch the goods, whichever happens first. A payment authorization alone is not acceptance.
Before acceptance, we may decline an order for unavailable stock, an unsupported destination, missing approval, failed payment, an obvious pricing error or a legal restriction. We will explain the reason and promptly return any collected payment for the declined portion. We will tell you if an order is on hold and what is needed to proceed. You may request cancellation while an order remains unaccepted.
If we cannot complete an accepted order, we will notify you promptly, seek your agreement to an alternative or refund the unfulfilled products and associated shipping charges. We will not substitute another product without your approval. A refund does not remove other remedies that cannot lawfully be excluded. If an order has several items, we may accept and fulfill them separately, with the relevant items identified in the order records.
Do not assume that every item in your customer’s order has reached Hertwill. Verify the items in your Hertwill order, particularly after editing products or integration settings. Do not change identifiers or fulfillment settings in ways that break the integration. If an item is missing, contact us before submitting it again to avoid duplicate fulfillment.
10. Shipping and delivery
Check the shipping charge, destination availability and delivery estimate for the relevant product and brand before submitting an order. Multiple brands may ship separately with separate charges. Large items may be charged per item or box. Made-to-order products have the production time disclosed for that product or brand.
Published dispatch and delivery times are estimates unless we expressly agree a guaranteed date. We will use reasonable care to arrange fulfillment and help resolve delays, loss or delivery problems. A shipping label or an order marked completed does not by itself prove that the parcel has left the warehouse or reached the recipient. Check tracking and contact us promptly if an order is delayed or appears lost.
You must provide complete and accurate delivery details, including contact information required by the carrier. If incorrect details, refusal or non-collection cause a failed delivery, you are responsible for reasonable documented return or redelivery costs attributable to that failure. We will not charge you for costs caused by our own error.
For EU-to-UK shipments, Hertwill currently uses DAP delivery unless expressly agreed otherwise. Import charges may be collected from the recipient and are not prepaid through Hertwill. You must disclose relevant customs arrangements before the retail purchase and comply with any VAT or import obligations that apply to your business. Other cross-border orders follow the customs arrangement disclosed for the order.
If an accepted order is lost in transit or cannot be delivered for a reason attributable to Hertwill or its fulfillment partners, we will arrange a replacement or refund, as appropriate under this agreement and applicable law. Failed delivery caused by incorrect information, refusal or non-collection is handled under the preceding provisions on additional costs and the applicable returns policy.
Reporting transit damage and non-delivery
Ask recipients to inspect the parcel on delivery and report any issue to you immediately. For visible damage or missing parcels from a multi-parcel delivery, ask the recipient to have the carrier record the issue at delivery where possible, take photos and contact you immediately. Notify Hertwill as soon as you learn of it. For damage discovered only after unpacking, notify us immediately upon discovery. An unqualified delivery signature does not by itself remove a claim for concealed damage.
For non-delivery, contact us as soon as tracking indicates a loss, a parcel is marked delivered but the recipient denies receipt or the stated delivery window has passed without delivery. Do not wait for the carrier to declare the parcel lost before reporting it to us. Include the order number, tracking number, delivery or discovery date, a description of the issue and available photos of the product, shipping label, outer packaging and internal packaging. Ask the recipient to retain damaged goods and packaging for inspection until we confirm they can be returned or disposed of. Send the initial report even if some evidence is still being collected.
Carrier notification and evidence deadlines vary by shipment, service and shipping account. We will identify the applicable deadlines and required steps in the order or shipping instructions, or notify you as soon as the carrier is confirmed and in time for you to comply. Follow those shipment-specific instructions and provide requested evidence within the communicated period. Hertwill will coordinate the carrier claim with the supplier or shipping-account holder; do not assume a report made only to the carrier has also reached us.
Late reporting or missing evidence does not automatically extinguish your claim against Hertwill. It may affect a remedy only to the extent permitted by law and where your failure to follow reasonably achievable instructions communicated in time materially prejudiced investigation or recovery. A carrier’s refusal or limitation of compensation does not by itself determine our liability to you. These procedures do not reduce your customer’s statutory rights.
11. Returns and refunds
The return conditions disclosed for the product or brand and our Returns and Refunds policy govern voluntary returns between your business and Hertwill. The standard return period is 30 days from the original order date. For made-to-order products, the production time is added unless a different product-specific period was clearly disclosed before the order. Request the return within the applicable period and follow the return instructions we provide.
Eligible items must be unused and undamaged with original labels intact, subject to any additional conditions disclosed before purchase. Some products and brands are excluded from voluntary returns. These conditions do not remove remedies for defective or incorrectly supplied goods. Your customer’s statutory withdrawal and defect rights are separate from this B2B policy, and you remain responsible for customer returns that our voluntary return arrangements do not cover.
Use the return-label function where available or contact us for instructions. Send the item to the address specified for that return; our Tallinn office is not a return warehouse. Change-of-mind return shipping is charged at the initial shipping rate under the current policy. You may pass costs to your customer only where legally permitted and properly disclosed.
We process eligible refunds within 3–7 business days after receipt and confirmation that the returned item meets the applicable conditions. We will arrange inspection without undue delay and tell you if we reject a return or need further information. Payment-provider processing may take additional time. Refunds go to the original payment method unless another lawful arrangement is agreed.
An exchange is processed as a return and a separate new order. Your refund to your customer is separate from our refund to you. Any deduction from your refund or exclusion of original outbound shipping must be supported by terms disclosed before the wholesale purchase and be permitted by law. We will explain the calculation and will not introduce an undisclosed restocking fee after purchase.
12. Defects and warranty
Products are covered by a 2-year commercial warranty for manufacturing defects under our Warranty policy, except cosmetics, edible items and candles. The period runs from delivery to your customer or, for a sample or other order for your own business, delivery to you. Normal wear, misuse, accidents and damage caused after delivery are excluded. These commercial warranty exclusions do not remove statutory remedies for defective or incorrectly supplied goods.
Report defects promptly with the order number, product identifier, description and supporting photos or other evidence. We may request inspection. Follow the return instructions for that claim. Delay affects a claim only to the extent permitted by applicable law and the published warranty conditions.
For a confirmed covered defect, we arrange repair, replacement if repair is not possible or a full refund if neither remedy is viable, subject to mandatory law. Hertwill covers necessary shipping for an accepted manufacturing-defect claim or incorrectly supplied item. Return products in a condition suitable for safe inspection. Any cleaning service and charge must be disclosed before it is agreed and cannot be used to defeat a mandatory defect remedy.
We will keep you informed while a claim is assessed. Suppliers may help inspect a product or provide a remedy, but your claim under these Terms is handled by Hertwill. Our commercial warranty does not limit any longer or different statutory obligation you owe your customer or any mandatory obligation Hertwill owes you.
13. Order changes and cancellations
Request an address change or cancellation immediately, using an available cancellation function or emailing hello@hertwill.com with the order number. Requests may not be possible to implement once preparation or dispatch has started. We will confirm the outcome. Cancelling or refunding your retail order alone does not confirm cancellation of the Hertwill order.
For confirmed cancellations, we refund the amount paid for the cancelled products and any shipping or other services that will not be provided. We may retain a preparation or production cost only where that cost was clearly disclosed before the order, was actually incurred and can lawfully be charged. If an order has shipped, the applicable return or defect process applies.
14. Privacy and personal data
Our Privacy Policy explains how we process personal data. You must have a lawful basis for sending customer information to Hertwill and provide appropriate privacy notices. Send only information needed for the service and keep it accurate.
We use customer information to process and fulfill orders and handle related delivery, return and warranty matters. Hertwill does not use your customers’ information for marketing or analytics. We share necessary information with the suppliers and logistics providers involved. You handle customer communications; delivery providers may contact recipients about delivery. Processing required by law remains subject to applicable data protection rules.
Each party must comply with the data protection duties attached to its actual processing activities. Where Hertwill processes personal data on your behalf as a processor, the parties must have the data processing agreement required by applicable law in place before that processing begins. Any such agreement takes priority over these Terms for the processing it governs. Where either party acts as an independent controller, it is responsible for that processing. Accepting these Terms is not consent to marketing.
Each party must notify the other without undue delay of a personal data breach affecting information shared under this agreement and provide reasonable cooperation, subject to applicable law. Closing an account does not require deletion of records that must lawfully be retained.
15. APIs and automated tools
You may use available APIs, MCP tools and other automation within the access rights and documented limits of your account. These Terms do not expand the operations supported by a tool. Keep credentials secure and respect rate limits and access controls.
Configure tools you authorize to prevent duplicate orders and unintended paid actions. Actions properly authorized through your account may create orders and charges in the same way as manual actions. Report misuse immediately so we can restrict access and investigate. This does not excuse a security failure or other breach for which Hertwill is responsible.
Do not bypass authentication, misuse customer data, disrupt the service or access another merchant’s information. Third-party AI tools do not acquire independent authority to represent Hertwill. Developers’ use of separately licensed software remains subject to that license.
16. Service operation and changes
We will provide the service with reasonable care. Maintenance, technical failures and third-party platform changes may interrupt access or synchronization. We will take reasonable steps to restore affected functions and inform you of material issues. We do not guarantee uninterrupted availability or instantaneous stock updates.
You must monitor your store and promptly investigate discrepancies that could affect customers. We are responsible for errors attributable to our failure to meet this agreement; you are responsible for errors attributable to your store configuration or actions. Both parties must take reasonable steps to reduce avoidable loss.
We may change features or integrations as the service develops. If a change materially reduces a paid service during a prepaid period, we will provide reasonable advance notice and an equivalent alternative or the right to terminate the affected service with a proportionate refund of unused prepaid fees. Immediate changes may be necessary for security or legal compliance.
17. Suspension and termination
We may suspend affected access or fulfillment for overdue payments, missing required approval, plan-limit violations, serious misuse or a material breach of these Terms. Where practical, we will explain the issue and give you a reasonable opportunity to correct it. We may act immediately when needed to address fraud, an urgent security risk or a legal requirement.
For a material breach that can reasonably be remedied, the party seeking termination will give written notice explaining the breach and allow 14 days to remedy it, unless a different period is required by law or the circumstances reasonably require it. Either party may terminate if the breach remains uncorrected, or immediately where applicable law permits termination for a sufficiently serious breach.
You can stop future paid renewals as described in section 7. If we end a paid service for business reasons unrelated to your breach, we will give at least 30 days’ notice and refund unused prepaid subscription fees for the discontinued period. If an urgent legal or security requirement prevents that notice, we will notify you as soon as reasonably possible and still refund the unused prepaid amount.
Termination does not erase payment obligations, accepted orders, eligible returns or warranty claims arising before termination. We will explain how those matters will be handled. Data will be retained or deleted according to applicable law and the Privacy Policy. Provisions needed to resolve outstanding obligations and disputes continue to apply.
18. Liability
Each party is responsible for losses caused by its breach of this agreement, subject to the limits below and applicable law. We do not exclude responsibility merely because a supplier, carrier or technology provider helps perform an obligation we owe you.
To the extent legally permitted, neither party is liable for indirect loss or lost profit arising from this agreement. Hertwill’s total liability for damages relating to a wholesale order is limited to the amount paid for the affected products and their shipping. For other claims arising from the same event or a series of related events, Hertwill’s total liability for damages is limited to the greater of EUR 1,000 or the subscription fees you paid to Hertwill in the 12 months before the first event giving rise to the claim. A loss may not be recovered twice under different categories of claim.
These exclusions and limits do not reduce refunds due under this agreement or our obligations to repair or replace defective goods. They do not apply to fraud, intentional breach, gross negligence, death or personal injury or liability that cannot lawfully be limited. Mandatory data protection and product liability rules remain unaffected. No limitation applies where it would be unlawful or unreasonably restrict a remedy protected by applicable law. Your obligation to pay valid outstanding charges is not reduced by these limits.
Merchant indemnity
You must reimburse Hertwill for reasonable, documented defense costs and damages finally awarded or settlements approved under the process below, but only to the extent a third-party claim results from your breach of these Terms through misleading product claims you create, unauthorized use of content or failure to meet consumer-law or local product-compliance duties applicable to your business. This indemnity does not cover losses attributable to Hertwill’s or a supplier’s acts or omissions, product defects caused by a manufacturer or supplier, or inaccurate content Hertwill supplied that you used correctly. It does not transfer legal duties or penalties that cannot lawfully be transferred.
We must notify you of the claim without undue delay, provide relevant information and take reasonable steps to limit costs. A delay in notice reduces your obligation only to the extent it materially prejudices the defense. You may assume control of the defense using suitably qualified counsel reasonably acceptable to us, subject to conflict-of-interest safeguards and our right to participate at our own cost. If you do not assume the defense within a reasonable period after notice, we may defend the claim and recover only reasonable costs otherwise covered by this clause.
Neither party may settle a covered claim at the other party’s expense, admit liability on its behalf or impose obligations on it without its prior written consent, which must not be unreasonably withheld or delayed. No loss may be recovered twice. The specific third-party amounts covered by this indemnity are recoverable despite the general exclusion of indirect loss above, subject to this clause’s limits and mandatory law.
19. Events outside reasonable control
A party may be excused from a delay or failure only to the extent the event qualifies as force majeure under applicable law. The affected party must notify the other promptly and take reasonable steps to reduce the effects. Ordinary supplier stock shortages or payment difficulties do not automatically qualify.
If an affected order cannot be performed within a reasonable time, either party may cancel the unperformed part and payments for that part will be refunded. Force majeure does not remove rights or obligations that applicable law preserves.
20. Changes to these Terms
We may amend these Terms to reflect changes to our services, legal requirements, security needs or commercial arrangements. We will explain material changes and give at least 30 days’ notice by email before they take effect, supplemented by an account notification where available. Shorter notice may be necessary for a legal requirement or urgent security reason, in which case we will explain the reason.
Changes do not retroactively alter accepted orders. Material adverse changes to an existing paid service take effect at renewal unless required by law or necessary for urgent security reasons. If such a change must apply during a prepaid period, you may terminate the affected service and receive a proportionate refund of unused prepaid fees.
We will make the updated version available for you to read and save and obtain agreement where required by law. A notice of a proposed change does not override a requirement to obtain your agreement. You may cancel before a change takes effect, subject to obligations already incurred and any refund entitlement in this agreement. Until a change validly takes effect, the existing terms continue to apply.
21. Governing law and disputes
This agreement is governed by Estonian law. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to mandatory jurisdiction rules, disputes arising from this agreement are submitted to Harju County Court in Estonia.
Please first contact hello@hertwill.com with the relevant details so we can try to resolve the dispute. This does not prevent either party from seeking urgent relief or exercising mandatory legal rights.
If a provision is invalid, the remaining provisions continue to apply to the extent permitted by law. Failure to enforce a provision on one occasion does not waive the right to enforce it later.
22. Related policies, notices and contact
Shipping and delivery • Returns and refunds • Warranty • Privacy Policy • Pricing
Contractual notices
We may send contractual notices to the email address designated for your Hertwill account. Keep that address current and monitor it. Send contractual notices to Hertwill at hello@hertwill.com unless we designate another address for that purpose. Email satisfies a written-notice requirement under these Terms unless applicable law requires another form.
An email notice counts as received when it reaches the designated mailbox and the recipient has a reasonable opportunity to access it. A notice reaching the mailbox outside normal business hours at the recipient’s business location is treated as received on the next business day, unless acknowledged earlier. A sending record alone is not proof of receipt. If delivery fails or the sender knows the address is inaccessible, the sender must use another reasonably available contact method and establish receipt; a bounced message does not start a notice period. Mandatory rules on receipt, formal service and required consent remain unaffected.
Contact
Hertwill OÜ • Registry code 16216305 • VAT number EE102588307
Krulli 2b, 10416 Tallinn, Estonia
hello@hertwill.com