DISTANCE AGREEMENT AND TERMS OF USE OF THE E-STORE
DISTANCE AGREEMENT AND TERMS OF USE OF THE E-STORE
1. Terms used
Company - SIA "Miljons sveču grupu mājai", reg. No. 44103146514, legal address Dīķa iela 1A, Riga, LV-1004, Republic of Latvia, e-mail: info@miljonssvecu.lv, phone: +371 26176901.
Internet store – a website maintained by the Company www.miljonssvecu.lv where you can buy Products.
Terms – this distance agreement and the terms of use of the Internet store (e-store).
Buyer – a legal entity or an adult natural person who wishes to purchase or has purchased the Product(s).
Product – any product that are offered in the Internet store (e-store) and that the Buyer can order and purchase.
2. General rules
2.1. The Terms govern the legal relationship between the Buyer and the Company in connection with the Products and their delivery. The Terms are also considered a distance agreement between the Buyer and the Company as a seller.
2.2. Making a purchase or order confirms the Buyer's acceptance of these Terms.
2.3. The Buyer is obliged to indicate and enter true and complete data, contact information and means of payment. The Buyer must immediately inform the Company if an error is noticed in the specified data or they have changed. The Buyer assumes responsibility for the consequences arising from the inaccuracy or error of the data provided to the Company.
2.4. The Buyer is responsible for the accurate and correct execution of the order, indicating the necessary Products, their quantity and specification (if the option is provided).
3. Product offer and order
3.1. Information about the Products and their price is indicated in the Internet store next to the relevant Product. Product and delivery prices are valid at the time of ordering the Product. The Company has the right at any time to change the range and offer of Products posted in the Internet store, as well as the indicated prices, at its own discretion; the changes do not apply to orders already made and paid for.
3.2. Information about the Product and its images are prepared for informational purposes, with the aim of improving the shopping experience in the Internet store. The appearance of the product may differ from what is shown in the images (especially considering the color reproduction), and the product may be in a different package.
3.3. Product information and its conditions of use are specified in the Product documentation and have priority over the information specified in the Internet store for informational purposes. Before using the Product, it is necessary to familiarize yourself with the documentation and conditions of use attached to the Product.
3.4. The Buyer is independently responsible for the safe use of the products purchased in the Internet store. When purchasing candles in the Internet store, the Buyer is responsible for observing fire safety rules during their use, as well as not leaving candles unattended. Candles cannot be used or supervised by persons who, due to age or other characteristics, cannot fully ensure their safe use and compliance with fire safety regulations.
3.5. Prices are in euros (EUR). In the Internet store, the price of the Product is indicated, including value added tax. All payments for Products must be made in euros (EUR).
3.6. The Company tries to ensure that the prices of the Products are always indicated accurately, however, it cannot be guaranteed that the prices indicated at the time of placing the order will be the correct, valid prices of the Products at that time.
3.7. Delivery costs are indicated separately from the price of the Products. In the event that the Buyer does not pick up the Products at the place of sale (issue of the Products), the delivery service is provided by third parties (delivery company, carrier).
3.8. In the Internet store, the Buyer first orders the Products by placing the Products in the shopping cart. The Buyer has the option to continue selecting other Products before placing the order.
3.9. At the time of placing the order, the Buyer must select/specify the method and address of receiving the Products.
3.10.After placing the order for the Products and payment (prepayment), the Buyer will be sent a confirmation of the order to the specified e-mail.
3.11.The invoice, which the Company sends to the Buyer's e-mail, or which is available (downloadable) in the Internet store, is prepared electronically and is valid without a signature.
3.12.The Buyer must pay for the Products and their delivery in one of the payment methods specified in the Internet store, by paying the Company's invoice.
3.13.After the Company has received all payment for the Product and their delivery, the Company or the delivery company (carrier) will deliver the ordered Products to the delivery location (address or parcel machine) specified by the Buyer. The Buyer is bound by the terms of the selected supplier of the Products (eg working hours and time at which the Products must be collected, etc.). The delivery fee and delivery time depend on the chosen delivery method. If this option is chosen when placing an order, the Products can be picked up at the place of delivery of the Products specified by the Company, observing the working hours set for it.
3.14.The order for the Products is considered to have been placed and becomes binding for the Buyer and the Company at the moment when the Company has received payment for the Products and their delivery, as well as confirmed the order (purchase).
3.15.A notification about the delivery of the Products is sent to the Buyer by e-mail.
3.16.The Company dispatches the Products to the Buyer within one week, except for cases where due to the availability of the Products or the operation of the delivery company (carrier), the dispatch of the Products is postponed and takes place later. Usually, delivery lasts up to 7 working days, however, a different delivery deadline may be set for each specific order, and delivery delays are not excluded (especially in cases of high workload of the delivery company, as well as in cases when the ordered Product has yet to be produced).
3.17.If the Buyer has specified his payment card in the Internet store (or in the tool of the electronic payment service provider indicated in the Internet store), which is valid for purchases on the Internet, the Buyer agrees that the Company has the right to deduct from this payment card a fee for the Products and delivery. It is considered that the Buyer, by specifying the details of the payment card, has confirmed that the Buyer has the legal right to handle the relevant means of payment and make payment with it.
4. Delivery of Products
4.1. A fee may be charged for the delivery of the Products, which depends on the chosen delivery method and the place of delivery. The delivery fee, if any, is indicated at the time of ordering the Product (after choosing the delivery method and place).
4.2. The Products are delivered in the territory of the Republic of Lithuania. The Buyer may inquire with the Company about delivery options to other territories, however, the Company may not provide such delivery.
4.3. Products are delivered only after full payment for the Products and their delivery.
4.4. The Buyer is obliged to indicate accurate and complete information about the place of delivery at the time of placing the order (including part of the building, door code, floor, exact building entrance, if there are several, etc.).
4.5. The Seller and the delivery company (carrier, courier) are not responsible for non-fulfillment or delay of delivery if it is caused by incomplete or inaccurate information provided by the Buyer.
4.6. The Buyer cannot change the delivery address of the Products after the order for the Products has been confirmed.
4.7. Before accepting the Product, the Buyer is obliged to check whether the Product packaging is not damaged (including as a result of transportation). If packaging damage or other inconsistencies are detected (for example, the packaging is wrinkled, wet, etc.), then the Buyer must indicate this in the delivery document (or in the case of contactless delivery - inform the delivery service provider) and immediately notify the Company, attaching the relevant documents and photos of the package, which show the marking of the Product and packaging, the damaged area of the packaging, as well as damage to the Product. The Company may not assume responsibility if the damage to the Products occurred during transportation and the Buyer did not indicate in the delivery document damaged packaging of the Products or other external signs of damage that were detectable upon receipt of the Products, and did not properly notify the Company of this.
4.8. When the Buyer or a third party designated by the Buyer accepts the Products and signs on the device of the delivery company (courier) or on a paper delivery confirmation without notes, it is assumed that the Products have been delivered in an undamaged package, unless otherwise stated.
4.9. The Buyer is obliged to check the quantity, quality, accessories and assembly of the Products within 2 (two) days from the moment of delivery of the Products, notifying the Company in case of non-compliance. If the Buyer does not fulfill this obligation within the specified period and does not submit a claim to the Company, it is assumed that the quantity, quality, accessories and assembly of the Products meet the conditions of the order (agreement). The Buyer is also obliged to check and notify the Company immediately after receiving the Products if the Products have not been delivered with such accessories and instructions as the Buyer can reasonably expect.
4.10.If the order provides for delivery to a specified address, then when the Products are delivered and handed over to the address specified by the Buyer, it is assumed that the Products have been delivered to the Buyer, regardless of whether the Products are actually accepted by the Buyer or any third party who accepted the Products at the specified address.
4.11.If the Company cannot provide the Buyer with the ordered Product, then the Company has the right, with the Buyer's consent, to deliver another Product to the Buyer at an equivalent price, otherwise the money paid for the undelivered Product is returned to the Buyer. The Company reserves the right to unilaterally withdraw from the Products purchase agreement due to the unavailability of the Products, returning the money received from it to the Buyer. A notice of the Company's withdrawal is sent to the e-mail specified by the Buyer.
4.12.The Company has the right not to deliver the Products (including by canceling the order and issued invoices) if the Buyer has not made full payment for the Products and/or their delivery. Delivery of Products before payment does not release the Buyer from the obligation to pay.
4.13.The Company may refuse the delivery of the Products and unilaterally withdraw from the Products purchase agreement if the delivery of the Products is impossible or difficult due to any external reasons, including due to the location of the delivery address in areas of hostilities or high-risk areas, certain restrictions on transport, movement, customs or delivery, due to state of emergency, natural disasters, epidemics or pandemics, or other force majeure circumstances or regulatory provisions.
4.14.If the Buyer cannot be found at the specified address, as indicated by him/her, or the Buyer is not found at the time notified to him/her, or the Buyer does not come to pick up the Products at the time and/or place notified to him/her, then the Company and the delivery company (courier) are not responsible for non-receipt of the Products and/or delay in receipt, in addition, in such a case, the money paid for the Products and their delivery will not be returned to the Buyer. If the Buyer wants a repeat delivery, then it is provided for an additional payment according to the price list indicated in the Internet store.
4.15.The Company is not responsible for the delay and/or inaccuracy of the delivery company (courier) chosen by the Buyer and/or delivery-related services.
4.16.The Company is not responsible and does not take responsibility for the delay in the delivery of the Products if the Company dispatched the Products on time (including in cases where the delay is related to customs formalities, international transportation, etc.).
4.17.The risk of accidental loss or damage of the Products passes to the Buyer when the Buyer or a third party other than the carrier (delivery company, courier) designated by the Buyer has received the Products. If the Product delivery company (carrier, courier) is chosen by the Buyer himself, the risk specified in this paragraph passes to the Buyer at the moment when the Product is handed over to the delivery company.
5. Other terms related to the purchase of Products
5.1. The e-mail correspondence of the Parties or communication on online communication platforms (for example, with the Company's social network accounts) regarding the availability of the Products, reservation or purchase conditions shall not be considered as an agreement between the Parties regarding the purchase of the Products, the price, etc.
5.2. Unless there is a direct indication to the contrary in the Internet store, it is not acceptable that the Company ensures the acceptance of orders on social networks and similar online communication platforms, nor is it acceptable that such additional means of online communication (except for the Internet store) guarantee the preservation of written communication (including its date and time) in a durable medium.
5.3. If the Product is received at the Company's point of sale, paying for it at the time of receipt or after, then it is not possible for the Buyer to exercise the right of withdrawal, because the purchase of the Product is made in person and the Buyer had the right to familiarize himself with the selected Product and its characteristics before making the purchase and making the payment.
5.4. If it is planned to receive the Product at the Company's point of sale and the Buyer does not come to receive the Product during the reserved time period, the Company has the right to cancel the order and return the amount of money paid to the Buyer.
5.5. The Company may refuse to deliver the Products and unilaterally withdraw from the Products purchase agreement without returning the money received, if the Buyer is subject to sanctions (national sanctions of the Republic of Latvia, the United Nations or the European Union, or other international organizations of which Latvia is a member), or the Products delivery to Buyer would in any way violate such sanctions and restrictions.
5.6. The Buyer independently undertakes the obligation to pay any taxes and duties, as well as to complete any customs formalities, purchase or import permits, if such are necessary for the delivery of the Products to the address specified by the Buyer. The Company is not responsible for making any additional payments or completing formalities.
5.7. The Company is not responsible for the compliance of the Products with local requirements or regulations if the international delivery of the Products is made.
5.8. The Buyer and any user of the Internet store may not perform actions that would be directed against the security of the system or interfere with the operation of IT systems and the Internet store. In case of detection of violations, the Company reserves the right to unilaterally stop the sale of Products or cancel orders.
5.9. If, in accordance with the Terms, the Company is obliged to refund the amount of money paid to the Buyer for the Products and their delivery, the Company shall refund this amount of money to the Buyer in the same payment method that the Buyer used when purchasing the Products, except for cases where the Buyer has expressly agreed to another means of payment and the Company agrees for using another means of payment or other payment details.
5.10.The Buyer confirms that he is a natural or legal person capable of acting and that he/she/it has the right to buy Products in this Internet store.
6. Product quality and commercial guarantee
6.1. The manufacturer of the Product is indicated on the packaging of the Product.
6.2. After receiving the Product, the Buyer is responsible for maintaining its quality and safety.
6.3. Before using the Product, the Buyer is obliged to familiarize himself with the Product labeling and/or the information indicated on the Product packaging, and/or the instructions for use.
6.4. The Buyer is responsible that the Products are not used by persons who, due to age, physical characteristics or other reasons, may be harmed by the Products or who have restrictions on obtaining or using the relevant Products.
6.5. The legal responsibility for the compliance of the Products with the terms of the agreement is applicable only to Buyers who are consumers (natural persons who express a desire to purchase, purchase or could purchase or use the Product for a purpose that is not related to its economic or professional activity).
6.6. The consumer has the right to submit a claim to the Company regarding non-compliance of the Products with the terms of the agreement within 2 (two) years from the date of delivery of the Products. The consumer submits a claim to the Company within two months from the day he discovered the non-compliance of the Products with the terms of the agreement. The day when the relevant Product has been issued to the consumer (received from the supplier) is considered the day of delivery of the Products, unless another date is justified.
6.7. Only a direct indication that the relevant Product has a guarantee (commercial guarantee) with specific provisions shall be considered a commercial guarantee. A general description of the Product or general information about the relevant type and characteristics of the Product cannot be considered as the terms of the commercial guarantee.
6.8. When handing over the Product for repairs guaranteed by the commercial guarantee (if the manufacturer has provided for it) or necessary repairs in accordance with the terms of the Product conformity agreement, the Buyer must independently deliver it to the Company (except if the applicable regulatory acts or the provided certificates do not provide for the obligation of delivery to the Company), the Product must be clean and fully assembled.
6.9. If the consumer does not follow any of the manufacturer's instructions, then he/she loses the opportunity to use the right of withdrawal and/or to raise claims related to the non-conformity of the Products agreement.
6.10.When submitting a claim for non-compliance of the Products with the terms of the agreement, the consumer shall attach a copy of the transaction document to the claim application.
6.11.Liability for non-compliance of the Products with the terms of the agreement is not applicable if the Products are damaged due to the consumer's own fault and/or the Products are subject to natural wear and tear, and/or the Products are used for unintended purposes, and/or the Products are damaged as a result of exposure to external conditions, and/or the Products have been stored incorrectly or in inappropriate conditions, and/or the Products were used in economic (professional) activities.
7. Right of withdrawal
7.1. The right of withdrawalcan be used only by those Buyers who are consumers (natural persons who express a desire to purchase, purchase or could purchase or use the Products or services for a purpose that is not related to their economic or professional activity). The consumer can exercise the right of withdrawal and unilaterally withdraw from the purchase agreement within 14 days from the day of receipt of the Products (part of the Products) (by notifying the Company).
7.2. In order for the consumer to exercise the right of withdrawal, the Products must be unused, undamaged and in their original condition (undamaged labels, protective films, packaging, etc.). The consumer, using the right of withdrawal, is responsible for any kind of decrease in the value of the Product, if the Product has been used in a way that is incompatible with the principle of good faith, including used for a purpose other than to clarify the characteristics or operation of the Product.
7.3. The use of the Products to clarify and check its properties and type can be done only to the extent that it would be possible to do it in the store, otherwise it will not be possible to exercise the right of withdrawal.
7.4. The right of withdrawal cannot be used in cases where it is provided for by regulatory acts, including, but not limited to, if the consumer has opened the packaging of the Products, which cannot be returned due to health and hygiene reasons.
7.5. If the consumer wants to exercise the right of withdrawal, he must send the Company a completed right of withdrawal form to the Company's address or e-mail, indicating the consumer's name, surname, contact information of the consumer, the name of the purchased Products, the purchase price and delivery costs of the Products, the consumer's bank account number, notification for withdrawing from the Products purchase agreement. The consumer is also obliged to attach a document proving the purchase.
7.6. The consumer is obliged to deliver the Products to the Company within 14 days after sending the written withdrawal (if the consumer has received the Products). The Company has the right not to refund the amount of money paid to the consumer for the Products until the consumer has delivered the Products to the Company. If the consumer does not comply with the deadline for returning the Products specified in this paragraph, then the right of withdrawal is lost.
The right of withdrawal form is available here[1] .
7.7. It is preferable to return the Products with all (undamaged) packaging. If the consumer does not ensure the condition of the Products specified in this clause, then the right of withdrawal is lost. Returning the Products must be done by mail or delivery to the address specified by the Company, and the return shipping costs are covered by the Buyer (consumer).
7.8. In case of withdrawal, the Company shall refund the money paid for the Products subject to withdrawal no later than 14 days from the notification of the exercise of the right of withdrawal, the receipt of the Products and other necessary information. The company does not reimburse the expenses (part of them) for the delivery of the Products to the Buyer, which are greater than the standard cheapest way of receiving, as well as in the event that the Buyer himself ensured the receipt/delivery of the Products.
8. Dispute resolution
8.1. Dispute resolution - please submit complaints about services and the purchase of Products electronically, by sending them to the Company's e-mail address or the Company's postal address specified in the Terms. The complaint will be examined within 15 working days from the day of receipt of the complaint, with a reply sent to the contact address specified in the complaint.
8.2. If the complaint is recognized as unfounded and the Buyer, who is a consumer, does not agree to the recognition of the complaint as unfounded, the consumer has the right to use the alternative dispute resolution options provided for in the regulatory acts by submitting a written application for out-of-court dispute resolution, specifying:
- name, surname, contact information;
- the date of submission of the complaint;
- the nature of the dispute, claims and their justification.
8.3. Information on out-of-court dispute resolution options and out-of-court dispute resolvers:
Dispute resolution process: http://www.ptac.gov.lv/lv/content/stridu-risinasanas-process
Database of out-of-court dispute resolvers: http://www.ptac.gov.lv/lv/content/arpustiesas-pateretaju-stridu-risinataju-datubaze
According to Regulation no. 524/2013, a platform for online dispute resolution has been established, and you have the right to use it to resolve a dispute with the Company - https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
9. Privacy and data protection
9.1. All personal data of the Buyer entered in the Internet store and/or transferred to the Company are processed in accordance with the laws and regulations of the Republic of Latvia and the General Data Protection Regulation, ensuring their appropriate protection. The Company does not use or share the obtained information, which the Buyer provides online, without a legal basis.
9.2. The Buyer is obliged to familiarize himself with the information on the Company's processing of personal data (privacy policy) provided in the Internet store before purchasing the Products. By using the Internet store, the Buyer confirms that he has familiarized himself with the information provided by the Company on the processing of personal data.
9.3. The controller of personal data processing of buyers is the Company.
9.4. The main purposes of processing the Buyer's personal data - for the conclusion and execution of the Terms (agreement) (incl. identification of the Buyer, processing and receipt of orders for Products, sale and delivery, ensuring the functionality of users registered on the Internet site), in order to fulfill the requirements of the law (incl. to prepare accounting documents, including invoices, repay due sums of money, administer financial and other obligations), as well as to exercise and defend its legal rights. With the consent of an individual data subject, the purpose of data processing may also be to send commercial messages.
9.5. In certain cases (for Buyers and potential customers who are legal entities or with the consent of natural persons (data subjects)) the Company may inform the Buyers via e-mail about various types of news related to the Internet store and the Company and the offer of Products.
9.6. In cases where, in the course of using the Internet store, the Buyer provides the Company with the data of other natural persons (for example, about the person who will receive the Product or about the representatives of the legal entity), then the Buyer is responsible that this data is provided to the Company legally and the Company may use it for the intended purposes.
9.7. The Company may process personal data of users of the Internet store in an aggregated form for statistical purposes in order to analyze and improve the services and products provided.
9.8. To receive more information about data processing conditions and the Company's privacy policy, click here [2] .
10. Final provisions
10.1.If the Buyer does not fulfill or improperly fulfills the Terms, violates the requirements of regulatory acts, has caused losses or damage to the Company or third parties, then the Company has the right to refuse the delivery of Products to the Buyer, deny access to the Internet store, as well as unilaterally cancel orders (by terminating the Products purchase agreements).
10.2.All intellectual property rights regarding the Internet store and its content and the Company's trademarks and trade marks belong exclusively to the Company or the specified cooperation partners or manufacturers (distributors). The use of trademarks or other intellectual property owned by the Company in any way, regardless of the purposes, is not permitted without express written permission.
10.3.The company is not responsible for the content of other websites to which or from which the links of the Internet store lead. The links posted in the Internet store are provided for convenience only.
10.4.The user of the Internet store agrees that, subject to all applicable laws, the parties shall not be liable in any way (whether in agreement, negligence or otherwise) for any interruption or technical error incurred by the Buyer when using this Internet store.
10.5.The Company does not guarantee uninterrupted and error-free operation of the Internet store, and there may be interruptions in the provision of this service, for example, due to equipment repair or maintenance work. The Company is not responsible for damages caused by the use of the Internet store, unless otherwise stipulated by mandatory legal acts.
10.6.If for any reason any clause of the Terms is not applicable, has become illegal or unenforceable, this does not affect the validity and applicability of the rest of the Terms. If the imperatively applicable rights for the Buyer, who is a consumer, provide for more favorable provisions than those provided for in the Terms, then in the relevant issues the Parties will be guided by the relevant regulatory enactments and this does not affect the validity and application of the rest of the Terms.
10.7.The Company has the right to amend or supplement these Terms at any time. The amended Terms enter into force immediately and are applicable to all purchases of Products made after the new version of the Terms has been posted in the Internet store.
10.8.The Company is entitled to transfer its rights and obligations arising from the Regulations to a third party.
10.9.The Terms and the Distance agreement are concluded in accordance with the laws of the Republic of Latvia and it is considered that the place of conclusion and performance of the Distance agreement is the Republic of Latvia. Even if the delivery of the Products is planned, which is carried out with the help of delivery companies, this does not change the subordination of these Terms to the laws of the Republic of Latvia.
10.10. All disputes arising between the Buyer and the Company shall be resolved in accordance with the Regulations and the regulatory enactments of the Republic of Latvia. If consideration of the dispute falls within the jurisdiction of the court, the dispute shall be settled in the court of the Republic of Latvia.
10.11. These Terms do not limit the Buyer's right to apply to the competent state authorities for the protection of his/her rights.
10.12. The Company shall not be liable for any delay in, or failure to perform, or other failure to perform due to circumstances or impediments beyond the reasonable control of the Company, including but not limited to strikes, government orders, military conflicts, hostilities or national state of emergency, threats of terrorism or acts of terrorism, environmental or climate anomalies, disease containment measures, epidemics or pandemics, delays in international deliveries of Products and their components, non-fulfillment of obligations by third parties, disruptions in the Internet connection, as well as failure of computer equipment and software. In case of such force majeure circumstances, the Company will try to eliminate the resulting delays as soon as possible.
10.13. When purchasing Products or placing an order in the Internet Store, the Buyer confirms that he has familiarized himself with these Terms, that the Buyer is aware of them, that the Buyer understands them and fully agrees with them. The Buyer undertakes to familiarize himself with the Terms (its current version) each time the Product is purchased. The Buyer is not entitled to order a product in the Internet store if he/she is not familiar with the Terms or does not agree with them.
To download the distance agreement and the terms of use of the e-store, please click here.
