1. General
conditions
1.1. These purchase and sale terms and
conditions (hereinafter referred to as the Terms and Conditions) provide the
general conditions of the online shop www.krippu.com/e-shop (hereinafter
referred to as the "E-Shop"). Terms and Conditions are applicable if
the Customer selects, orders and purchases goods offered by the E-Shop or in
any other way uses the services provided by E-Shop.
1.2. E-Shop is a retail online shop aimed
at consumers who purchase goods for personal, family, and household needs or
purposes not related to their economic or professional activity.
1.3. Trade of goods at the E-Shop is
organised, conducted and related Customer services are provided by SIA „JOLLE”, legal address: Nākotnes
iela 1, Ķekavas pagasts, Ķekavas novads, LV-2123, Latvia, Reg.no.: 40103824413,
VAT Reg.no. LV40103824413 (hereinafter referred to as the "Seller").
E-Shop sells goods owned by the Seller.
1.4. Customer
in context with Terms and Conditions is a) end consumers who are capable person – a) person who is aware that they have the
financial means required to pay for the ordered product; or b) legal
entity (person) who is represented by its authorized person, and they are using
E-shop buying goods or using other services.
1.5. When placing an order, the Buyer confirms that he has the right to
shop in the E-shop, that is, it complies with the provisions of Clause 1.4. of
this Article.
1.6. Together with the order of goods
submitted by the Customer, these Terms and Conditions become an agreement
entered into between the Customer and the Seller, and it is a legal document
binding to both parties. The agreement shall be considered as signed, if the
Customer prepares and submits to the E-Shop an order of goods pursuant to
procedure set out in the Terms and Conditions and makes the payment thereof;
and the Seller shall send a confirmation to the electronic address specified by
the Customer that the Customer's order has been accepted. Agreement shall be
valid until fulfilment of obligations of the Parties arising from the
agreement. If the Seller finds that the Customer has not right to purchase ordered
goods, the agreement on sale of such goods shall be deemed as not signed, the
goods shall not be sold to the Customer, and the money paid for the goods shall
be returned to the Customer within five (5) business days as of the planned
date of delivery. In that case, the Seller shall be entitled to deduct expenses
for delivery of goods from the amount to be repaid to the Customer. If the
Customer has not made an advance payment for delivery of goods, but due to
above-mentioned reasons the goods cannot be transferred to the Customer, the
Customer shall pay to the Seller expenses for delivery of goods equal to five
Euro (EUR 5). The Customer shall also be entitled to unilateral withdrawal from
the order made before delivery of the order by sending an e-mail to the Seller
at [email protected] In this case the money paid by the
Customer for performance of the order will be transferred to the Customer's
account within 5 business days. In this case, the Seller shall be entitled to
deduct delivery fee from the amount to be repaid to the Customer.
1.7. The
Customer shall not be entitled to submit an order of goods at the E-Shop if
he/she has not familiarised him/herself with the Terms and Conditions and (or)
does not agree thereto. In cases when the Customer does not agree to the Terms
and Conditions or a certain part thereof, he/she will not be able to order
goods at the E-Shop. When ordering the goods at the E-Shop it shall be deemed
that the Customer has familiarised him/herself with the Terms and
Conditions and agrees thereto.
1.8. We may change our Terms and Conditions at any time, so please
do not assume that the same terms will apply to future orders/delivery
requests. Modify or withdraw, temporarily or
permanently, this website (or any part thereof) with or without notice to you
and you confirm that we shall not be liable to you or any third party for any
modification to or withdrawal of the website. Change the Terms and Conditions
from time to time.
1.9.
Seller shall not take any risk or liability and shall be released from it
without objections if the Customer has not acquainted him/herself with the
Terms and Conditions in part or in full, even though such an opportunity was
provided.
1.10. Taking into account Clause
1.2 of the Terms and Conditions, and first of all attempting to satisfy the
needs of retail consumers, the Seller shall retain the right to limit purchases
with signs of wholesale, that is, the Seller shall be entitled to refuse
acceptance and (or) fulfilment of the Customer's order(s) by notifying the
Customer electronically if the Customer orders quantities of goods that are
unusually large for retail sale (regardless whether goods are ordered by one
order or several orders submitted in a relatively short time) and (or) if the
Customer's order(s) has (have) other signs of wholesale purchase.
1.11. If
significant circumstances arise, the Seller may terminate the operation of
E-Shop for a definite period or terminate it altogether without prior
notification to the Customer. In this case, the Seller shall within 5 business
days return to the Customers the money paid for orders that were not delivered.
2. Registration and processing of
personal data
2.1. Customer who chooses to use the
E-Shop and to purchase the goods offered therein shall at the moment of placing
order complete the Order Questionnaire at the E-Shop system. The Customer must
provide the following personal data in the Order Questionnaire: name, surname,
electronic mail address, address for delivery of goods, mobile phone number,
other data necessary for delivery of goods. Authorised representative of a
legal entity specifies the authorised person and the name of the legal entity
instead of the name and surname.
2.2. The Customer shall be
responsible that the data provided in the Order Questionnaire is accurate,
correct and comprehensive. If the Customer's specified data changes, he/she
shall immediately notify of it by sending an e-mail to the address: [email protected].
The Seller shall be in no way liable for losses incurred by the Customer and
(or) third parties because the Customer has provided incorrect and (or)
inaccurate personal data or has not updated the data.
2.3. Personal data will be processed in
order to identify the Customer while selling and delivering the goods, issuing
accounting documents, repaying overpaid amounts and/or money for the goods the
Customer has returned, settlement of debt, fulfilment of other obligations
arising from the Purchase Agreement, and while providing the Customer access to
E-Shop services.
2.4. Customer's personal data shall not be
processed for the purposes of direct marketing.
3. Pricing and
Payment Methods
3.1. The prices listed at the time the order is placed
apply. All prices include legally applicable sales tax 21% VAT.
3.2. The price of the item does not include the cost of delivery of the
Goods, which must be paid additionally depending on the chosen mode of delivery
and the amount of Goods to be delivered.
3.3. Customer must pay for the Goods according to the Invoice
issued by the Seller. Invoice is prepared electronically and valid without
signature. Invoice will be sent to the Customers e-mail specified in Order
Questionnaire.
3.4. Execution of order shall be initiated
after receipt of the money in the Seller's bank account.
3.5. The Seller is entitled to cancel its order without prior
notification to the Buyer if the Buyer fails to pay for the goods within 2
(two) business days from the moment of placing the order.
4. Delivery and
Shipping
4.1. E-Shop trade shall be performed, and
goods shall be delivered in Latvia, Lithuania and Estonia - using OMNIVA parcel
services, and other countries – post office parcel services.
4.2. Payment specified in Delivery section
of the E-Shop home page shall be applicable to delivery services and shall be
valid at the moment of submission of order of goods. Payment for delivery of
goods may be both fixed and dependent on quantity of goods ordered by the
Customer.
4.3. The Seller shall make every effort to
completely fulfil the Customer's order; however, any guarantees cannot be and
shall not be granted. If at the moment of assembling the order the ordered
goods are not in store or in sufficient quantity, the Seller shall retain the
right not to deliver the goods, to deliver a smaller quantity of goods.
4.5. If the Buyer has paid for the Goods, the Money for the Buyer's
paid and non-delivered Goods shall be repaid to the Buyer's account no later
than within 5 (five) business days from the delivery of the Order.
4.6. Goods ordered by the Customer shall
be delivered to the Customer's address specified in the Order. The Customer
undertakes to accept the goods him/herself or when placing an order, in the
section of additional information, to specify a person who is entitled to
receive the order on behalf of the Customer (in relation to the Customer who is
a legal entity this requirement is mandatory).
4.7. If the Customer uses a type of delivery
by courier, and the Customer or recipient specified in the E-Shop Order cannot
be found at the specified address of delivery, the Seller shall be entitled to
transfer the goods to any other person of majority age present at the specified
address, and the Customer shall not be entitled to raise any claims against the
Seller for delivery of goods to improper subject.
4.8. If delivery of goods is not possible
due to the Customer's fault or due to circumstances depending on Customer (the
Customer has provided an incorrect address, Customer or recipient that was
specified by the Customer cannot be found at the specified address, etc.), the
goods shall not be sent repeatedly (except cases when the Customer makes
additional payment for repeated delivery of goods), and the money paid in
advance for the goods shall not be returned.
4.9. In all cases the Seller shall be
released from liability for violation of delivery period of goods if the goods
are not delivered to the Customer or are not delivered in time due to
Customer's fault or due to circumstances depending on Customer.
4.10. In cases when during reception of
goods the Customer has noticed that the consignment does not contain the
respective quantity of goods or delivered goods do not correspond to ordered goods,
and it was not specified in the invoice, waybill, accompanying document of
goods or other document of acceptance of consignment, the Customer shall
immediately inform the Seller.
5. Guarantee of quality of goods
and period of suitability for use
5.1. Properties of all goods sold at
E-Shop are generally specified in description of goods located at each product
or additionally obtained at Products section of the home page www.krippu.com.
5.2. Seller shall not be liable for the
fact that colour, shape or other parameters of the goods in E-Shop may not
correspond to the real size, shape and colour of goods due to properties of the
screens (monitors) used by the Customer or due to other technical reasons, as
well as taking into account reasonably possible discrepancies of an image.
5.3. Seller undertakes to sell to the
Customer goods in a way to provide a real opportunity to use the goods before
the expiry date thereof.
6. Right of withdrawal. Exchange
and return of goods
6.1. The Customer shall have the right to
use the right of withdrawal and to withdraw from the purchase and sale
agreement entered into at the E-Shop on a unilateral basis by notifying the
Seller in writing no later than within fourteen (14) calendar days from the
delivery day of goods. The Customer shall send a notification regarding the
right of withdrawal written in free form clearly identifying the Customer
(name, surname) and date of order, or withdrawal form enclosed in delivery
document by duly specifying all necessary data to the Seller at the following
address: SIA “JOLLE”, Nākotnes iela 1, Ķekava, Ķekavas pagasts, Ķekavas
novads, Latvia, LV-2123 or by sending an e-mail to the address: [email protected].
6.2. When submitting a written notification
on use of the right of withdrawal, the Customer shall no later than within
fourteen (14) calendar days after sending the notification on use of the right
of withdrawal return the goods in accordance with the requirements set out in
Clause 6.8 and the procedure set out in Clause 6.6 of the Terms and Conditions.
6.3. Right of withdrawal set out in Clause
6.1 of the Terms and Conditions may only be used by a Customer who in
accordance with the provisions of the Consumer Rights Protection Law of the
Republic of Latvia may be recognised as consumer, i.e., a natural person
who expresses the wish to purchase, purchases or may purchase or use goods or
service for a purpose not related to its economic or professional activity.
6.4. Customer (consumer) may not use the
right of withdrawal set out in Clause 6.1 of the Terms and Conditions if any of
the following circumstances can be established:
6.4.1. the goods are perishable, or expiry
date is pending;
6.4.2. consumer has opened the packaging
to the goods that may not be returned due to health and hygiene considerations;
6.4.3. in other cases provided for in
Cabinet Regulations No. 255 of 20 May 2014 "Regulations on Remote
Agreement".
6.5. Customer (consumer) shall be entitled
to submit to the Seller a claim for goods not corresponding to the provisions
of the Agreement contrary to the Consumer Rights Protection Law, and to use the
rights provided by the mentioned law in accordance with the procedure set out
in the law.
6.6. The goods not corresponding to the
provisions of the agreement or goods in relation to which the right of withdrawal
has been used, shall be sent by the Customer by mail or free of charge handed
over to the Seller's warehouse on previous agreement with the Seller by
e-mail [email protected] regarding specific
return and acceptance time of goods. Costs related to return of the goods shall
be covered by the Customer.
6.7. When returning the goods purchased at
the E-Shop, the Seller shall be entitled to request the Customer to fill in the
goods return form submitted by the Seller.
6.8. Returned quality goods in relation to
which the right of withdrawal is used shall be without damage, the goods must
not have lost the appearance of sale (packaging has not been opened and
damaged, etc.), the properties of use, and the goods must not be used. The
goods must be returned in original packaging, in the same assembly as received
by the Customer; purchase documents of goods must be mandatorily submitted. If
goods are not in full assembly, have been damaged, disorderly or have been
packaged improperly, the Seller shall be entitled not to accept the goods and
not to return the Customer money paid for the goods.
6.9. The money paid for goods in relation
to which the Customer has used the right of withdrawal without the delivery
expenses shall be repaid to the Customer's account no later than within
fourteen (14) days since the day of receipt of the Customer's notification
regarding the use of the right of withdrawal and the day when the returned
goods have been received.
7. Exchange of information
7.1. Seller sends all notices and
otherwise contacts the Customer using the e-mail address or telephone specified
in the Buyer's Order Form.
7.2. The Customer sends all notice and
questions and otherwise contact by e-mail [email protected]
or by calling +371 25 661 733.
8. Final provisions and settling
of dispute
8.1. The Terms and Conditions have been
prepared on the basis of the regulatory enactments of the Republic of Latvia.
8.2. Legal provisions of the Republic of
Latvia shall be applied to the relationships formed on the basis of these Terms
and Conditions.
8.3. In case of incurred losses, the
guilty party shall compensate the losses to the other party in accordance with
the procedure set out in the regulatory enactments of the Republic of Latvia.
8.4. Any dispute arising between the
Customer and the Seller shall be settled by the way of negotiations, as the
parties to the dispute attempt to find an agreement.
8.5. If the dispute between the Customer
(consumer) and the Seller cannot be settled by the way of negotiations, the
Customer (consumer) shall submit to the Seller a written application
(electronically submitted application does not require a signature) stating:
1) first name, last name, home address and contact information;
2) the submission date of the application;
3) nature of the dispute, his/her claim and justification thereof.
Copies of documents supporting the
transaction shall be enclosed with the application, as well as other documents
supporting the application (if possible).
8.6. Within 15 business days since the
date of receipt of the application the Seller shall provide to the Customer
(consumer) a written reply to the application and shall inform regarding the
possible type of execution of claim or solution of dispute. If due to objective
reasons it is not possible to provide the reply to the consumer's application
within the mentioned period, the Seller shall immediately inform the consumer
in writing by stating a reasonable deadline by which the reply shall be provided,
as well as shall justify the necessity of such extension.
8.7. If the Seller believes that the
Customer's claim is not justified or is ready to offer to the consumer a
different solution to the dispute, it shall inform the consumer in writing within
the period mentioned in Clause 8.6 of the Terms and Conditions. The Seller
shall be obliged to justify refusal of the consumer's claim.
8.9. If the Customer is satisfied by the
solution offered by the Seller, the dispute shall be deemed as settled.
8.10. If the Seller does not provide a
reply to the Customer's application within the period set out in Clause 8.7 of
the Terms and Conditions, it shall be deemed that the Seller refuses to fulfil
the Customer's claim.
8.11. If the Seller refuses to fulfil the
Customer's claim, or the Customer is not satisfied with the solution offered by
the Seller, the Customer shall be entitled to apply to:
1) Consumer Rights Protection Centre in order to receive aid in settling
the dispute;
2) Commission for Extrajudicial Settlement of Consumer Disputes,
website: http://www.ptac.gov.lv/lv/content/pateretaju-stridu-risinasanas-komisija-0,
3) Commission for Settlement of Consumer Disputes if the aid provided by
the Consumer Rights Protection Centre to the consumer for settling the dispute
has not provided a result, and Commission for Settlement of Consumer Disputes
may be convened in the respective area to examine the dispute;
4) the court.
ENG