GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS
TERMS USED IN THE GENERAL TERMS AND CONDITIONS
The Seller — a limited liability company Lats Import Ltd. registration number -50103906891, VAT number LV50103906891, legal address Katlakalna street 1, Riga, LV-1073, Latvia, physical address Katlakalna street 1, Riga, LV-1073, Latvia, phone +371 24955779, e-mail: [email protected] .
Consumer — a natural person who expresses a wish to purchase, purchases or might purchase, or use goods or a service for a purpose, which is not related to his or her economic or professional activity;
Buyer — the person who makes the purchase of goods via the Seller’s Internet site. The Buyer can be both the Consumer and the non-Consumer;
Goods — any item offered or sold to a Consumer through the Internet site;
Manufacturer — a person who within the scope of his or her economic or professional activity manufactures or renovates goods for sale, or identifies itself as the Manufacturer by indicating (labelling) on the goods or the packaging thereof, or in the technical documentation of the goods, its name (firm name), given name, surname, trademark or other distinguishing mark;
Legislation — Cabinet Regulation No. 20 of May 20, 2014 255 “Provisions on the distance contract”, DIRECTIVE 2011/83/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council, , Civil Law, Commercial Law and other related legal acts;
Warranty — a free of charge promise by the Manufacturer, Seller or trader to repay the amount of money paid for the goods or articles, to exchange the goods or articles for conforming goods or articles, to eliminate any non-conformity of the goods or articles free of charge or perform other activities if the goods or articles fail to comply with the characteristics provided for in the advertisement;
Terms of use — instructions of the Manufacturer or the service provider through compliance with which goods or services retain their operational (utilization) characteristics and adequate quality, and do not pose a threat to the property, health and life of the Consumer and the environment;
Prices — The final price of the item indicated on the Internet site, including taxes and fees, on which the Seller sells goods through this website. The price does not include the cost of delivery of the item;
Internet site — Seller’s website https://ortoto.eu ;
Parties — Seller and Buyer;
General Terms and Conditions — present Terms (the GENERAL TERMS AND CONDITIONS).
1.General terms
1.1.These Terms determine the legal relationship between Buyer and Seller.
1.2.Before proceeding with the use of the Internet site, please carefully read these Terms of Use.
1.3.When using the Internet site, the user agrees to comply with these Terms.
1.4.Seller may partly or completely delete, modify, update the information on the Internet site without prior notice.
1.5.The pictures and description of the goods in question may vary slightly from the product offered.
2.Use of the right of withdrawal
2.1.The Consumer may exercise the right of withdrawal and unilaterally cancel the goods within 14 (fourteen) days, by covering the costs, in accordance with legal acts.
2.2.The deadline for the exercise of the right of withdrawal shall be calculated from the date of delivery of the goods — if one item is ordered; from the date of delivery of the last item — if the order contains several items; from the date of delivery of the last lot of goods or parts — if delivery is to be carried out in batches or parts.
2.3.Use of the right of withdrawal means the notification of the Buyer for the waiver of the goods and the submission thereof or sending to the Seller.
2.4.The
Cancellation Notice may be used by the Consumer to use the Seller’s
refusal form or any other express or implied notice of refusal in
which the Consumer shall necessarily indicate:
Addressee
(Seller’s name, actual address, telephone number, email address)
I
declare that I wish to forfeit the purchase of such item
Order
date / date of receipt
Consumer name and surname
Consumer
address
Consumer signature (only if this form is sent on
paper)
Date
2.5.The returned goods must be delivered to the Consumer by delivery company and must be fully stocked.
2.6.By using the right of withdrawal, the Consumer may return the product to the Seller without packaging, if the Consumer has not been able to view the product without opening the package and it has not been possible to keep the packaging of the product, for example because of the size of the package, as it is not an integral part of the product.
2.7.Submission of the withdrawal form or use of the right of withdrawal shall terminate the contract and release the Consumer from any contractual obligation arising out of the contract or from the obligation to conclude such an agreement if the offer was made by the Consumer.
2.8.The Consumer cannot exercise the right of withdrawal if the product is made according to the instructions of the Consumer or the product is clearly personalized; if the product is perishable or it expires soon; if the Consumer has opened the packaging; the product due to health and hygiene reasons cannot be returned; the product due to the delivery is irretrievably mixed with other things, etc. The return of the goods does not apply to cut flowers, flower bouquets, flower arrangements and houseplants.
2.9.The refunded amount is credited back using the original payment method.
3.Consumer responsibility
3.1.The Consumer is responsible for reducing the value of the good or using it contrary to good faith, if the product was used during the exercise of the right of withdrawal beyond the limits required for the identification and verification of its characteristics and type.
3.2.The Consumer is obliged not later than within 14 days after sending a written refusal to return the product to the Seller. The Seller is obliged not later than within 14 days from the day he receives information about the Consumer’s decision to withdraw from the contract, to repay to the Consumer the amount of money he paid, including the delivery costs paid by the Consumer.
3.3.The Consumer is responsible for maintaining the quality and safety of the product during the term of exercise of the right of withdrawal.
4.Waranty
4.1.The Consumer is entitled submit to the Seller the claim for non-conformity of the goods within two years from the date of purchase of the goods. The Consumer fills the non-conformity application to the Seller within two months from the day when the goods are found to be defective. The date of purchase of the goods shall be deemed to be the day on which the Seller transmitted and the Consumer has accepted the goods in question.
4.2.If the Manufacturer or Seller has given a warranty to the product, after the expiry of the period referred to in Paragraph 4.1., the Consumer is entitled to submit the claim throughout the remainder of the warranty period in accordance with the conditions specified in the warranty document. The Consumer claim is examined in accordance with the conditions specified in the warranty document.
4.3.When applying for a defect of the product to the Manufacturer or Seller, the Consumer shall attach a copy of the document certifying the transaction to the claim application.
4.4.The Consumer’s claim will be reviewed within 7 business days from the date of receipt of the claim, the response will be sent to the contact address specified in the claim. If the claim is found to be unfounded and the Buyer disagrees with it, he/she is entitled to exercise other rights specified in regulatory enactments.
5.Delivery
International delivery - 21.00 €
(Orders from 250.00 € - delivery is free of charge)
If the recipient cannot be contacted and he/she is not available on the delivery address, the order is returned to the Seller and re-delivered to the indicated address at another time (additional payment for the delivery)
We will notify the delivery of the order to the addressee.
In the case of fast delivery, it is advisable to contact us by phone.
The orders you make outside our working hours will be processed the next business day from the morning.
6.Payment
Payment
for the Goods is possible in one of the following ways:
making a
non-cash Bank transfer or transfer with a Visa or MasterCard payment
card online.
Governing law
The Parties undertake to try to solve all dispute related to or arising of the execution of present Terms by mutual negotiations, but, if this should turn out as impossible, the dispute shall be referred for settlement to the Court.
Present Terms have been made pursuant to the laws of the Republic of Latvia.
Any and all disputes, between the Seller and Buyer, who is not a Consumer, arising out of or in connection with any amending, termination or performance of present Terms shall be settled pursuant to the procedures under the existing law of the Republic of Latvia in the general court of the Republic of Latvia.
Any and all disputes, between the Seller and Buyer- Consumer, arising out of or in connection with any amending, termination or performance of present Terms shall be settled pursuant to the procedures under the REGULATION (EC) No 593/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILof 17 June 2008 on the law applicable to contractual obligations (Rome I).