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Terms & Conditions
DISTANCE CONTRACT
This agreement is
entered into between the LLC VLP, the registered address: Skolas Street 1,
Jaunmuiza, Skrunda region, LV3307, LV40003102269 (hereinafter referred to as
the Seller), on the one hand, and the Consumer (Buyer), who makes purchases on
the Internet homepage of the Seller's Internet multistore and has confirmed
that agrees this Distance Agreement and General Terms, hereinafter referred to
as the Consumer or Buyer, on the other hand, collectively, the Parties conclude
the following Distance Agreement:
1. Preamble.
1.1. The Seller uses the
form of organized trade when the contract is concluded using distance
communication means, therefore the merchant's online store is theSeller's
organized system when a distance contract can be concluded between Seller and
Buyer.
1.2. A distance contract is
an agreement in between the Buyer and the Seller and / or the Service Provider
that they have concluded without being in the same place via the Internet,
telephone or email.
1.3. The Seller informs the
Buyer that this distance Agreement applies to all Internet store’s owned by
Seller as www.ete.lv; www.kafijasaparati.lv; www.zyle.lv;
www.sadzīvastehnika.lv; www.mastercoffee.lv (hereinafter referred to as the Multistore)
1.4. When a Customer
registers in any of these online stores, the customer's registration data is
included in the common database, which make possible all Buyer's purchases from
the Seller at all online stores and the re-registration is no more required.
1.5. The Seller carries out
his business in a professional manner, observing the principles of fair
commercial practice, and avoids any activity that could significantly affect
the interests of Consumers.
2. The subject of
the contract
2.1. The distance contract
(hereinafter referred to as the Agreement) is an agreement in between the Buyer
and the Seller, based on the offer of the Seller's goods via the Internet. The
distance contract applies to all purchases made on the Seller's Internet Multistore,
as referred to in clause 1.2 of this Agreement.
2.2. Acceptance of this
Agreement allow Buyer to place an order and purchase any selected item in the
Seller's Internet Multistore.
2.3. To place an order on
the Internet, the Customer needs to register, as only registered users can
place orders on the Seller's Internet Multistore.
2.4. By registering as a MultistoreBuyer
and / or purchasing products, the terms of this agreement and the rights and
obligations arising from the laws of the Republic of Latvia are apply.
3. The distance
contract.
3.1. The distance contract enters into
force as soon as the Buyer has made an order through the Internet and has
received from the Seller confirmation by e-mail. Order and order confirmation
is considered received when it is accessible to the parties to whom they are addressed.
3.2. The Seller undertakes to comply with
the terms of the distance contract no later than 30 days after the receipt of
the order from the Buyer, unless the parties have agreed on another term. If
the Seller cannot execute the contract because the goods ordered by the Buyer
is not available, the Seller is obliged to inform the Buyer about it. If the
Buyer agrees, the Seller may offer to the Buyer substitute goodsfor an
equivalent price.
3.3. The seller does not keep the contracts
records for the goods purchased in the Internet Multistore data basis.
4. Purchase payment
terms
4.1. For purchases in the
online stores, you can pay with the available payment systems, such as credit
cards, etc., shown on the Internet Multistore.
4.2. Purchase can be made by
paying a prepayment bill in an Internet bank or bank branch office.
4.2.1. In this case, when the
Buyer's order is received, an invoice is sent to the indicated e-mail address,
which must be prepaid before the receipt of the goods. The invoice contains all
the data necessary for such payment. The purchase is considered as paid and the
delivery of the goods will be made after receipt that the money is received in
the seller's indicated bank account. Note! Please, make the payment by
specifying the invoice number.
5. The Price
5.1. All prices for goods on
Internet multistore are shown in euros and includes value added tax. The cost
of delivery of goods to the Buyer is not included in the price of the goods.
6. Language
6.1. Internet Multistore
gives the opportunity for Buyers who speaks other international languages to
place an order, get acquainted with the description of the product and
functions in Latvian, English or Russian. If there is contradiction in the
translation, the text in Latvian is the deciding factor.
6.2. The consumer can get
acquainted with the Distance Agreement in Latvian, Russian and English. The
translation of the contract in Russian and English is informative only. The
Seller and the Consumer agree that the Distance Agreement should be concluded
in the Latvian language.
7. Specific
requirements of regulatory enactments.
7.1. In order to protect the
interests of consumers, regulatory requirements set specific requirements for
traders and special rights for consumers.
7.2. Special requirements
for traders:
7.2.1. Obligation to provide pre-contractual
information:
7.2.1.1.information on the main
characteristics of a product or service,
7.2.1.2.information on prices,
delivery and other costs, expenses,
7.2.1.3.information on the
right of withdrawal as well withdrawal form,
7.2.1.4.information on
delivery, performance of the contract, payment order and other terms of the
contract,
7.2.1.5. pre-contractual
information as an integral part of the terms of the Distance Contract
7.2.1.6.obligation to provide
pre-contractual information and contract terms in a downloadable format,
7.2.1.7.duty to confirm receipt
of the order.
7.3. Special rights for
consumers:
7.3.1. the right to cancel the
order within 14 days, see paragraph 8. The right of withdrawal.
7.3.2. the limited rights to
examine the characteristics of the goods to the extent that this could be done
in the ordinary shop only.
8. Right of
withdrawal (refusal)
8.1. The Seller informs the
Buyer about the conditions of use of the right of withdrawal in the web Information
section and will fill prepared form–“Refusals”
8.2. The buyer may exercise
the right of withdrawal within a specified period of time and, without giving a
reason for refusal, depart from the concluded distance contract. The using the
rights of withdrawal terminates the contract and releases the Buyer from any
obligations arising from the concluded agreement.
8.3. By using the right of
withdrawal, the Buyer must return the item received to the Seller, but the
Seller must repay to the Buyer all payments received. However, the Seller has
the right to withhold repayment of the money until the return of the goods.
8.4. The buyer can use the
right of withdrawal within 14 days from the date of receipt of the goods if an
agreement on the purchase of the goods has been concluded or within 14 days
from the day the contract for the receipt of the service is concluded.
8.4.1. First day. The 14-day
time period record is according to the following terms, the first day is the
day the Buyer has received the item. If the Buyer has received the item at the
Seller Store, then this is the first day when the time record is started,
regardless of what term the Buyer has delivered the product to the intended
place.
8.4.2. Last day. Referring to
point 8.4.1. The period of 14 days shall end immediately on the 14th
day after the first day, unless otherwise agreed by the Parties.
8.5. In order to use the
right of withdrawal, the Buyer must send the notice to the Seller or service
provider within the term of the above-mentioned right of withdrawal (example of
the Cabinet Regulation No. 255 of 20 May 2014, "Regulations on the
Distance Contract", on the Consumer Rights Protection Center website) Such
notice is not obligatory to follow any particular form, but in order to
qualitatively proceed the right of withdrawal and to observe the good Customer
Service Culture, the Seller invites to use the form that is available for the
Customer's convenience at the Seller's Internet Store under the section
Customer Service - Refusals.
8.6. Any statement should
clearly indicate:
8.6.1. the seller or service
provider from whom the product or service was purchased,
8.6.2. the text of the notice
of withdrawal (when it is concluded for which goods or services),
8.6.3. date of order receipt
of the product or service,
8.6.4. information about the
Buyer (name, surname, contact phone or e-mail address, address);
8.6.5. the date and signature
of the notification (if the notice is sent in paper form by post).
8.7. Since the Buyer is
obliged to prove the use of the right of withdrawal, the Buyer must provide
proof of the sending of the refusal. The Seller's Internet Multistore provides
the Consumer with the opportunity to fill in the electronic form of the
withdrawal form or send it by e-mail. The Seller undertakes to immediately
inform the Buyer by sending receipt of the notice of withdrawal, which may
serve as evidence of refusal.
8.8. Within fourteen days
(see points 8.4.1 and 8.4.2), the Buyer must return the goods received to the
Seller, while the Seller is obliged to repay to the Buyer all the payments
made.
8.9. The Parties agree that
the Seller does not undertake to cover the direct costs associated with the
return of the Goods, unless otherwise indicated in the offer.
8.10.
The Buyer is responsible for covering the
direct costs associated with the return of the Goods, if the Seller or the
Service Provider has not undertaken to cover it.
8.11.
If the Buyer has exceeded the Term of Refusal
(see paragraphs 8.4.1 and 8.4.2) or if the Parties have agreed upon - another
agreed term, the Seller reserves the right not to accept the goods from the
Buyer.
9. Nullity of the
right of withdrawal.
9.1. The seller informs that
from the Cabinet of Ministers regulations and the Consumer Rights Protection
Act there are several cases where the right of withdrawal cannot be used. In
particular, the right of withdrawal cannot be exercised if:
9.1.1.
TheBuyer cannot
be considered a Consumer within the meaning of the Consumer Rights Protection
Law, that it is not aindividual person (household) who purchases a product or
service for purposes other than those relating to his business or professional
activities,
9.1.2.
Complete service is
complete
9.1.3.
The price of a
good or service depends on the fluctuations of the financial market;
9.1.4.
The item is made
according to Buyer's instructions or it is clearly personalized,
9.1.5.
The product is
perishable or expires soon (for example, food items);
9.1.6.
The buyer has
opened a packaging for a good that cannot be returned for health and hygiene
reasons,
9.1.7.
The goods after
delivery are irreversibly mixed with other things;
9.1.8.
The buyer has
opened an audio, video or computer software package;
9.1.9.
Newspapers,
periodicals or magazines are delivered;
9.1.10. Contract concluded at
auction;
9.1.11. The contract is
concluded for accommodation services (except for rental of living space),
transportation of goods, hire of vehicles, catering, entertainment events, if
the service provider undertakes to provide it in due time;
9.1.12. The contract is for the
supply of digital content that is not supplied on a durable medium.
9.1.13. The buyer is aware that
the right of withdrawal is not intended to allow the abusive use of the product
free of charge during the period of exercise of the right of withdrawal, but to
enable it to verify the properties and performance of the product and return it
to the Seller, if it does not meet the expected. Consequently, if the product
has been used before the use of the right of withdrawal exceeds the reasonable
threshold for checking it, then the Buyer is liable for the decrease of the
value of the goods and may be obliged to compensate the Seller for the losses.
10. Warranty
10.1.
The Seller's
Internet Multistore Products Guarantee is provided in accordance with the
warranty service conditions set by the manufacturer of the goods and in
accordance with the Consumer Rights Protection Act. The Law states that
simultaneously with the acquisition of a good or service, the Consumer acquires
rights within two years from the date of purchase, for some equipment it may
take longer than indicated on the warranty voucher to claim the seller for
non-compliance with the terms of the contract.
10.1.1. These RAL provisions do
not protect buyers who are legal entities. In this case, the parties can freely
negotiate the warranty period, and the time limit can be set for any period of
time. The seller offers for legal entities (companies) a guarantee period for
professional equipment for business purposes use 1 year only.
10.2.
If in the course
of the warranty claims arise about the quality of the purchased item, the goods
and payment documents must be addressed to the Seller's company. If the service
center detects a defect in production, a free warranty repair is carried out in
accordance with the manufacturer's terms, and the seller may offer the
replacement of the product to a new or equivalent. If during the inspection a
defect is found during the use of the product by the Buyer himself, repair
costs shall be borne by the Buyer. Warranty repair or replacement of the
product does not extend the warranty period.
10.3.
The product for
warranty repair is accepted only with purchase documents, clean, with the
original warranty service card, original package, with all its additional
elements. Warranty repairs are made by:
10.3.1. Tadaiķu street 4, Riga,
LV-1004, Phone: + 371v67717060, Mob. Phone: +371 25484242
10.3.2. Brivibasiela 142, Riga,
LV-1039, Phone: +371 67613060, Mob. Phone: +371 25666601,
10.3.3. GanībuDambis 40c, Riga,
LV-1005, Phone: +371 67280427, Mob. Phone: +371 29995840
10.4.
Guarantee
obligations can be canceled if:
10.4.1. The buyer can not
present a proof of purchase;
10.4.2. goods for personal use,
used for professional purposes, for profit, for production purposes;
10.4.3.
Instructions for use of the product were
violated;
10.4.4.
if a device other
than the one specified by the manufacturer has been installed;
10.4.5.
the product has
been installed with cracked software that could cause damage;
10.4.6.
uncleared repair
has been made;
10.4.7.
the product is mechanically,
chemically or otherwise externally damaged;
10.4.8.
there are changes
in product design;
10.4.9.
The product
serial number is not legible, modified or deleted.
10.4.10.
If there are
indications that the Consumer has tried to repair the product yourself.
10.5.
The warranty is
canceled if damage occurs due to:
10.5.1. foreign matter,
insects, liquids or other substances entering the product;
10.5.2. natural disasters,
fires, as well as accidents;
10.5.3. inappropriate use of
power supply voltage, low voltage current and other network parameters contrary
to the instructions for use of the product.
10.5.4. Unconventional and / or
inappropriate use of consumables, spare parts, accessories, software,
accessories, accessories or media
10.6.
The warranty does
not apply to:
10.6.1.
software,
supplies, accessories, accessories, parts and products that wear out naturally
during use of the product (for example, batteries, accumulators, housings,
toners, bearings, cartridges, etc.).
10.6.2.
The buyer's claims regarding the quality of
the purchased product will be resolved in accordance with Cabinet Regulation
No. 631. "Procedures by which a consumer's claim for non-conforming goods
or services" is filed and considered.
11. General rules for
ordering goods.
11.1.
By purchasing the Company's online store, the
Buyer can register at any of the Seller's Internet multistore.
11.2.
To order:
11.2.1. The Buyer must click on
the button "Add to basket" to the item of interest.
11.2.2. To order the selected
product, you must click on the menu at the top of the page where the
information on the content of the Buyer's Shopping Cart is displayed. You can
return to the online store, choose additional items and then re-go back to the
shopping cart by clicking on the relevant menu;
11.2.3. to complete the order,
it is necessary to fill in information about the Buyer. To complete the
processing of the order, the Buyer must agree to the terms of service and the
distance contract. The "Continue payment" menu then allows you to
choose a form of payment and confirm the order by clicking "I approve my
order". Now an order has been made, as evidenced by a notice on payment of
goods on the screen.
11.3.
Orders can be
made:
11.3.1. at any time of the day,
by ordering an online store;
11.3.2. Orders are processed
during the working hours indicated by customer service - contacts.
11.3.3. Upon receipt of the
order a confirmation email is sent to the Buyer. If the information received
from the Buyer is not complete or there is any other reason, the Buyer is
contacted by the Company's representative to clarify the information and
confirm the order.
12. Delivery terms
12.1.
The order is
delivered to the address indicated by the Buyer. The cost of shipping goods
depends on the weight, size, delivery distance and chosen delivery method of
the item. Delivery of the order is made only after the prepayment has been
made.
12.2.
Delivery of goods
is possible upon receipt of money in the company's bank account, in accordance
with the deadlines specified in the delivery description. If necessary,
information can be obtained by telephone or by e-mail.
12.3.
Delivery of goods
is carried out in accordance with the offered deliveries indicated in the
information section of the delivery. The delivery price is not included in the
price of the specified item.
12.4.
Delivery of goods
is provided to the main door of the Consumer Address. (In multi-apartment
buildings to the staircase door.) The consumer must ensure the unloading and
acceptance of the goods. Goods cannot be delivered to places where vehicles are
not allowed to stop - in which case the order must indicate the closest place
where stopping is allowed.
12.5.
The company does
not deliver the goods if the Buyer has not made the goods and / or payment of
the supply.
12.6.
The possible
delivery options offered by the Seller are indicated in the delivery section.
13. Confidentiality
13.1.
The Company
undertakes not to disclose or transfer information about Buyer's third parties
without the written consent of the Buyer, except in cases of violation of the
laws of the Republic of Latvia or this agreement.
14. Rules for the
processing of Buyers registration data
14.1.
By entering the
required information and placing the order, the Buyer confirms that he has read
the terms of this agreement and agrees that the personal data submitted by him
are processed and used in order for the Seller to accept the Buyer's order and deliver
the goods.
14.2.
The Seller
carries out processing of personal data only for the cases specified in Section
7 of the Personal Data Protection Law, which stipulates that the processing of
Personal Data is permitted only if the law does not provide otherwise and if
there is at least one of the following conditions:
14.2.1. is the consent of the
data subject, confirmed by the Buyer himself by completing the registration in
the Internet shop;
14.2.2. data processing results
from the contractual obligation of the data subject or, if requested by the
data subject, the processing of the data is necessary for the conclusion of the
relevant agreement, in the particular case, the distance contract between the
Seller and the Buyer.
15. Related
additional information
15.1.
Product
descriptions are based on the information provided by their manufacturers and
suppliers; descriptions and images are informative, and there may be changes in
them. According to manufacturer and supplier certain changes, the assortment of
goods and parameters can be changed.
15.2.
The exact
information on whether the item of interest is in the Company's store or
warehouse can be found during the working hours of the website in the section
Customer Service - Contacts by calling the indicated phone or by sending an
e-mail. If the buyer's selected item is not available, the Seller may offer to
replace it with an equivalent product or receive it after the next centralized
delivery of the goods
16. Company details
SIA VLP
Skolas street 1, Jaunmuiza, Skrundas county, LV3307 LV40003102269 info@ete.lv