Distance agreement for the online shop www.abavas.lv
- Subject of the contract
1.2 The Seller - the owner of the Internet trading site veikals.abavas.lv hereinafter referred to as the Internetshop, and the owner of the related rights ABAVAS Dārzi SIA registration No 40103382474, legal and postal address: Kalējkrāmi, Slampes pag., Tukuma nov.LV 1010, which, within the scope of its business activities, offers and sells goods to the Buyer in accordance with this distance contract, hereinafter referred to as the Contract;
1.3. Buyer - a person with legal capacity who places an order in the online shop. By placing an order in the Online Shop, the person confirms that he/she has the legal capacity, is at least 18 years of age and is entitled to shop in the Online Shop;
1.4 The Contract shall be deemed to be concluded when the Buyer has placed an order and paid for the Goods in accordance with these Terms;
1.5 The Seller shall be entitled to unilaterally amend and supplement the terms of the Contract. The Buyer shall be bound by the provisions of the Contract in force at the time of ordering the Goods;
1.6 The Seller shall have the right to restrict the Buyer's use of the Online Shop without notice if the Seller believes that the Buyer, by using the Online Shop, may violate or breach the terms of the Contract, attempts to harm the Seller, the operation or security of the Online Shop, or third parties;
1.7 By placing an order, the Buyer confirms that it has read, is aware of, understands and fully accepts this Agreement and the terms and conditions contained herein. The Buyer undertakes to familiarise himself with the terms and conditions of the Agreement at each time of purchase. The Buyer shall not be entitled to order goods from the Online Shop if he/she has not read or does not agree to the terms of the Agreement.
- 2. Ordering of Goods
2.1 When placing an order, it is necessary to specify the address, name and telephone number of the recipient of the goods;
2.2 By placing an order, the Buyer confirms that he has chosen to purchase the goods on the terms set out in this Agreement;
2.3 The Seller confirms that the hours of acceptance of orders are daily from 8:00 a.m. to 10:00 p.m.
- Price, delivery charges and payment arrangements
3.1 The prices of the Goods in the order placed in the Online Shop shall be quoted in euro (EUR) inclusive of VAT. The Goods shall be sold to the Customer at the price prevailing in the Online Shop at the time the order is placed;
3.2.The Buyer shall pay for the Goods and delivery immediately after placing the order using one of the payment systems specified in the Online Shop;
3.3 The Buyer shall pay for the ordered goods and delivery at the time of placing the order. Only upon receipt of payment for the goods and delivery shall the order be fulfilled and the delivery date determined. Payment shall be deemed to have been made when the full amount of payment has been received in the Seller's bank account specified in the payment terms. The price of the Goods and the delivery includes VAT;
3.4 The prices for delivery costs as set out on the Online Shop shall apply at the time of ordering the Goods. The order amount, consisting of the price of the Goods and the delivery costs, shall be made available to the Buyer during the order process before the order is confirmed.
- 4. Delivery
4.1 The Seller shall deliver the Goods to the address specified by the Buyer by a courier appointed by the Seller;
4.2 The Goods shall be delivered only within the area specified by the Seller. The Seller shall only accept an order if the delivery address specified by the Buyer is within the specified territory;
4.3 The Seller will take all reasonable care to ensure that the Buyer's order is fulfilled, but the Seller cannot guarantee this. If the Shop does not have the Goods ordered or does not have sufficient quantities of the Goods, the Seller reserves the right not to deliver the Goods or to deliver a lesser quantity of the Goods;
4.4 If the Seller has not delivered the goods to the Buyer in sufficient quantity and the amount of goods delivered is less than the amount paid by the Buyer, the Buyer shall be refunded the difference for the undelivered goods. This transfer shall be made within 3 working days of receipt of the return request;
4.5 The goods ordered by the Buyer shall be delivered to the address specified in the Buyer's order. The person named in the order must collect the goods himself. If the goods ordered are received by a person other than the person named in the order at the address specified in the order, the person named in the order shall be deemed to have received the order. In no event shall the Seller be liable for any loss suffered by the Buyer or any third party as a result of the Buyer having provided an incorrect delivery address or incomplete recipient details, or if the goods are received at the delivery address by another person;
4.6 If the delivery of the goods is not possible due to the fault of the Buyer or circumstances beyond the Buyer's control (the Buyer has provided an incorrect address, the Buyer or the person specified in the order cannot be found at the address provided, the address provided cannot be accessed, etc. objective reasons), the goods shall not be re-sent and the money for the goods shall be refunded, except for the delivery charge and for damaged goods if the goods have been damaged as a result of their return. If the Buyer was granted a discount on delivery at the time of placing the order, but delivery of the goods is not possible due to circumstances beyond the Seller's control, the Seller reserves the right to deduct the full delivery charge from the amount to be refunded to the Buyer;
4.7 The Seller shall deliver the goods to the Buyer within the period specified in the Online Shop or within the period selected in the order if different delivery periods are offered. The Buyer agrees that if the delivery of the goods may be delayed due to unforeseeable circumstances beyond the Seller's control, the Seller may contact the Buyer and agree an alternative delivery time;
4.8 If the Buyer discovers at the time of delivery that the packaging of the consignment is damaged (torn packaging label or other external damage), or if the consignment is delivered late, the Buyer shall note this on the delivery document - delivery note, in the Seller's copy. Otherwise, the delivery shall be deemed to have been made on time and without damage.
4.9 Immediately upon receipt of the Goods, the Buyer shall inspect the conformity of the delivered Goods with the ordered Goods and the ordered quantity, as well as the quality of the received Goods, including their expiry dates and markings in the national language. If the Buyer finds that the consignment does not contain the correct quantity of Goods, the Goods delivered do not conform to the order, or the Goods are of inadequate quality, including expiry dates and markings in the national language, the Buyer shall immediately make a note to that effect in the delivery document - delivery note and shall have the right not to accept the Goods in question. If the Buyer has signed the delivery note and no notations have been made on it, the goods shall be deemed to have been delivered in conformity with the order, in the quantity and quality corresponding to the order.
The Seller must be informed of the shortcomings and describe the non-conformity, no later than on the day of receipt of the Goods, by notifying the Seller via the Buyer's personal account on the Online Shop or by sending an e-mail to the Seller's e-mail address: email@example.com. The Seller shall verify the circumstances stated in the notification within 3 (three) working days from the receipt of the e-mail and contact the Buyer in order to find a solution to the situation.
4.10. The Buyer is obliged to ensure that the person specified in the order is at the address specified in the order at the time of delivery of the goods, to present the identity document to the courier, to accept the goods without delay, to sign the delivery note, to make notes on the delivery note (Seller's copy) if the goods are delivered late or if the packaging label is damaged, and to return the copy of the delivery note to the courier.
4.11 If the Buyer fails to comply with clause 5.10, the Seller shall not be liable for any loss suffered by the Buyer and the Buyer shall bear the costs and damages incurred by the Seller in delivering, returning or damaging the Goods. The Seller shall be entitled to deduct the costs and damages from the amount paid by the Buyer if the Buyer has not accepted the goods or, due to circumstances beyond the Seller's control, the goods have not been delivered to the Buyer and have been returned to the Seller.
- Return of Goods
5.1 Goods which have a stated expiry date shall be delivered in such a way as to enable the Buyer to use the Goods before the expiry date;
5.2. The application for the return of goods that do not comply with the terms of the contract shall be made in accordance with the procedure set out in the Cabinet of Ministers Regulation No.631 "Procedure for Application and Examination of Consumer's Claim for Goods or Services that Do Not Comply with the Terms of the Contract", using the Buyer's personal payment account opened at the Online Shop;
5.3 The Buyer may exercise the right of withdrawal and unilaterally withdraw from the Purchase Agreement within 14 calendar days after delivery of the relevant goods if the goods are defective at the time of delivery.
The Buyer cannot exercise the right of withdrawal if:
- (a) the goods have been received without complaint
- (c) the goods have been damaged after delivery;
- d) in other cases provided for by law;
5.4 To exercise the right of withdrawal, the Buyer shall apply for the return of the goods through his personal account opened for the Buyer at the Online Shop and shall provide all the necessary data therein. The Seller shall verify the circumstances indicated in the application within 10 (ten) days of the application for the return of goods via the Buyer's personal account in the Online Shop and, if necessary, contact the Buyer in the event that the application is not justified;
5.5 In case of exercising the right of withdrawal, the Buyer shall deliver the goods to the Seller within 14 days after receipt of the goods to the warehouse Kalējkrāmi, Slampe parish, Tukums region LV 3133.
5.6 The price of the goods returned by the Buyer to the Seller in accordance with the procedure set out in this Agreement shall be returned by the Seller to the Buyer within 14 (fourteen) calendar days after receipt of the goods.
5.7 If the Buyer returns the goods to the Seller exercising the right of withdrawal, the delivery charge shall not be refunded to the Buyer.
5.8 The Buyer shall bear the costs of returning the Goods, except in the case of the return of Goods which do not comply with the terms of the Contract;
5.9 The Buyer shall be responsible for maintaining the quality and safety of the Goods during the period of exercise of the right of withdrawal. The Buyer shall be liable for any diminution in the value of the Goods if the Goods have been used in a manner inconsistent with the principle of good faith, including for any purpose other than ascertaining the nature or performance of the Goods. The goods must be undamaged, not have lost their appearance (labels not removed or damaged, protective films not torn, etc.) and not have been used. The goods must be returned in their original packaging, in the same condition as when they were received, together with the delivery document, the instructions for use and other accessories. If the Goods are not complete, damaged, untidy or not properly packed, the Seller has the right not to accept the Goods and not to refund the money paid by the Buyer for the Goods.
- Guarantee of the quality of the goods
6.1 The characteristics of all goods sold in the Online Shop are set out in the description of the goods on each individual product card.
6.2 The Seller guarantees the quality of its goods in accordance with the information available on the product label.
- 7. other terms
7.1 If the Goods are delivered to the Buyer late or are not delivered due to the Buyer's fault or circumstances beyond the Buyer's control, the Seller shall not be liable for any breach of the delivery terms.
7.2 If access to the Online Shop, registration in the Online Shop or placing an order in the Online Shop is impossible or impeded for technical reasons or reasons beyond the Seller's control, the Seller shall not be liable for any damages suffered by the Buyer or third parties
7.3 The Seller shall not be liable for the consequences if the image of the Online Shop Goods displayed on the Buyer's computer or monitor differs in any respect from the appearance of the Goods in nature due to the characteristics of the Buyer's computer or monitor.
- Complaints and Out-of-Court Dispute Procedure.
8.1 Complaints about the quality of the goods and other issues related to the purchase shall be submitted electronically to the e-mail address firstname.lastname@example.org or in writing to Kalējkrāmi, Slampes parish, Tukuma region LV-3133. All complaints will be considered within 7 working days from the date of receipt of the complaint, with the reply sent to the contact address specified in the complaint.
If your complaint is found to be unfounded and you do not agree with the finding, you have the right to use the alternative dispute resolution options provided for in the laws and regulations by submitting a written application to the seller for out-of-court dispute resolution, stating:
- name, surname, contact details;
- the date on which the application was submitted;
- the nature of the dispute, the claims and the grounds on which they are based.
8.2 Information on out-of-court dispute resolution options and out-of-court dispute resolvers:
- Information on the dispute resolution process: www.ptac.gov.lv/lv/content/stridu-risinasanas-process
- Information on the database of out-of-court consumer dispute resolvers: www.ptac.gov.lv/lv/content/arpustiesas-pateretaju-stridu-risinataju-datubaze
- Information on online dispute resolution (ODR): If there is a problem with a product bought online, the customer can use the ODR platform to lodge a complaint which will be handled by an independent dispute resolution body. Link to the SIT platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=LV
- Privacy Disclaimer
9.1 Scope, Purpose and Basis of Data Processing
We process the following personal data about you: name, surname, contact details (work address, email address, telephone number), place of work, position held.
We process your data to provide you, as a person interested in our products, services and events, with comprehensive and up-to-date information about our company, its products, events and other marketing activities and to enable you, your friends, business partners and colleagues to participate in them. We process your data on the basis of your consent; you have the right to decide freely whether to receive information and services from us.
9.2 Data retention
We process your data for as long as you wish to receive services from us.
9.3 Transfer of data
In light of the services you require, we may transfer your data to data processors, natural or legal persons, to carry out certain processing activities on our behalf. We do not normally pass your data to third parties, however, where you consent, we may pass it to our trusted business partners.
In the cases provided for by law, your data may be disclosed to law enforcement authorities and other competent national or local authorities at their request or in the defence of our legal interests in connection with claims brought against us.
9.4 Data security
Personal data is stored on secure web servers using all reasonable available technological and organisational measures to protect against unauthorised access.
9.5 Access to and correction of data
You have the right to request information about the data we hold about you, i.e. to exercise your data subject access rights. You also have the right to request that we correct and update data that we hold that may be inaccurate or that has changed over time. You also have the right to request the erasure of data in the cases set out in the Regulation.
9.6 Objections to the use of data
You may request that we restrict the ways in which we use your data or object to certain types of processing in the circumstances set out in the Regulation. You have the right to withdraw your consent to the processing of your personal data at any time.
9.7 Data portability
You have the right to request to receive the personal data you have provided to us and to request that we are happy to transfer it to another controller where this is possible.
9.8 Submission of applications, requests, objections
Submissions, requests, objections, inquiries or questions regarding the use of personal data may be sent to us at the address Tukuma Coun., Slampes par., "Kalējkrāmi", LV-3133 or by e-mail: email@example.com. We will consider them without undue delay and will inform you within one month about the actions taken on your request or about the objective necessity to extend the deadline.
9.9 Right to lodge complaints
If you wish to lodge a complaint about our data processing activities, you may contact us by requesting a case review and submitting it in writing to Tukums Coun., Slampes par., "Kalējkrāmi", LV-3133 or via e-mail: firstname.lastname@example.org.
9.10. If you are not satisfied with our response or you believe that the processing of personal data is carried out contrary to the requirements of the law, you may lodge a complaint with the supervisory authority - the Data State Inspectorate. (Detailed information can be found at www.dvi.gov.lv.)
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