DISTANCE CONTRACT AND TERMS OF USE OF ONLINE STORE

 

  1. Subject of the Contract

 

  • Seller Limited Liability Company “WINE COUNTRY”, registration No. 51203073921, address: Riga, Andrejostas iela 17a, LV-1045, licence No. MT 00000015254, e-mail address: info@winecountry.lv, telephone number: +371  20031019, who is the owner of the online store winecountry.lv, hereinafter — Online Store, and rights thereof and who, within the framework of its economic activity and in line with this distance contract, hereinafter — Contract and/or Regulations, offers and sells the Goods to the Buyer.
  • Buyer— a capable natural person who is at least 18 years old or a legal entity in the name of whom an executive body or authorised representatives act and place an order at the Online Store. By placing an order at the Online Store, the person confirms that it is capable and entitled to make a purchase at the Online Store.
  • Goods— any item that the Seller sells to the Buyer at the Website.
  • Order— the Buyer’s activity at the Online Store aimed at purchasing the Goods at the Online Store platform.
  • The Contract is considered to be concluded when the Buyer places the Order and pays for the ordered Goods in line with these Terms.
  • The Seller is entitled to amend and supplement the Contractual Provisions unilaterally in line with the applicable laws and regulations. When the Buyer shops at the Online Store, those Contractual Provisions apply that are effective as at the moment when the Goods are ordered.
  • The Seller is entitled, without any previous warning, to restrict the services of the Online Store available to the Buyer or to cancel the Buyer’s registration, if the Seller considers that the Buyer, by using the Online Store, can violate or violates the Contractual Provisions or other laws and regulations, attempts to harm the Seller, operations or security of the Online Store, or third parties.
  • When placing the order, the Buyer acknowledges that the Buyer has familiarised oneself with this Contract and its provisions, the Buyer is aware of and understands them and agrees with these provisions. The Buyer undertakes to familiarise oneself with the Contractual Provisions every time when the Buyer places an order. The Buyer is not entitled to order the Goods at the Online Store, if the Buyer has not familiarised oneself with the Contractual Provisions or does not agree therewith.

 

  1. Ordering Goods

 

  • When placing the Order, the Buyer has to indicate name, surname, personal identity number, telephone number, e-mail address, and precise delivery address of the person who will receive the Goods.
  • Purchase of alcoholic beverages is possible only after the Buyer has confirmed his/her identity and age using qualified or qualified high security electronic identification means.
  • When placing the Order, the Buyer acknowledges that the Buyer has chosen to purchase the respective Goods in line with the provisions of this Contract.
  • After ordering the Goods at the Online Store, the Buyer receives a supporting document–electronic invoice to the Buyer’s e-mail address. The electronic supporting document–invoice is valid without a signature. If the supporting document is not received, the Buyer has to contact the Seller immediately, sending an e-mail to: info@winecountry.lv or contacting the Seller via phone: +371 20031019.
  • To change the Order, the Buyer has to contact the Seller immediately, sending an e-mail to: info@winecountry.lv or contacting the Seller via phone: +371 20031019. The Seller does not guarantee implementation of changes.
  • The Seller provides up-to-date information about effective discounts at the Online Store. If the Buyer uses specific discounts or offers made on the conditions of the initial Order, the Buyer cannot use the option to change the Order.

 

  1. Price of the Goods, Delivery Expenses and Payment Procedure

 

  • Prices of the Goods included in the Order are provided in euro (EUR) with VAT. The Goods are sold to the Buyer for the price that is effective at the moment of placing the Order at the Online Store.
  • The payment for the delivery services is to be made in line with the price provided in the section “Delivery Provisions” of the Online Store and valid at the moment of placing the Order. The payment for the delivery services can be either fixed or depend upon the value and/or delivery term of the Goods ordered by the Buyer.
  • The Seller is entitled to determine the delivery fee and minimum value of the Order unilaterally, i. e., the minimum value of the Goods to be chosen and ordered by the Buyer at the Online Store for the Order to be completed. The minimum value of the Goods is provided in the section “Delivery Provisions” of the Online Store. The minimum value of the Goods does not include the delivery fee.
  • The Buyer pays for the Goods and their delivery right after placing the Order using any of the payment systems provided at the Online Store.
  • The Order will be processed after the payment is received. The Buyer has to pay for the ordered Goods and delivery at the moment of placing the Order. Only after receipt of the payment for the Goods and/or delivery, is the Order processed and the delivery term of the Goods provided. Payment is considered to be made when the entire payment amount has been transferred to the bank account of the Seller provided in the payment regulations. The price of the Goods and delivery includes VAT.
  • As at the moment of placing the Order, the delivery prices provided at the Online Store are applicable. The value of the Order that includes the price of the Goods and delivery fees is available to the Buyer in the process of placing the Order before the Order is confirmed.

 

  1. Delivery of the Goods

 

  • The Seller delivers the Goods ordered at the Online Store to the address provided by the Buyer oneself or uses a courier ordered by the Seller.
  • The delivery fee and time (term) is provided at the Online Store for each Order separately and is visible in the process of ordering before the Order is confirmed.
  • The Goods are delivered only in the territory provided by the Seller. The Seller delivers the Goods only if the delivery address provided by the Buyer is within the specified territory.
  • The Seller ensures that the Buyer’s Order is completed in full, however, the Seller cannot guarantee it. If the Goods are not available at the store or the amount of available Goods is not sufficient, the Seller is entitled to not deliver the Goods or deliver smaller amount of the Goods, notifying the Buyer thereof in advance and, if necessary, recalculating the amount.
  • The Goods will be delivered to the address provided by the Buyer as at the moment of placing the Order. The Seller will deliver the Goods to the Buyer to the main entrance at the delivery address. Upon request of the Buyer, the supplier can take the Order to the delivery address, for example, take to a specific floor in a residential building, only if: (i) the supplier has received the Buyer’s agreement; (ii) the supplier believes that fulfilment of such a request of the Buyer is safe and practical. The Seller always retains the rights to deliver the Order to the main entrance of the address.
  • If the Seller delivers insufficient amount of the Goods to the Buyer and the value of the delivered Goods is less than what the Buyer has paid for, the difference for the undelivered Goods is returned to the Buyer.
  • The Buyer is entitled to order alcoholic beverages at any time, however, the Goods can be delivered only from 8:00 a.m. to 10:00 p.m.
  • The Goods ordered by the Buyer are delivered to the address provided by the Buyer in the Order. The person indicated in the Order has to be at least 18 years old and he/she has to accept the Goods upon presenting a document that attests the age (valid ID card or passport). The Seller is not held liable for any losses incurred by the Buyer or third parties, if the Buyer has provided invalid delivery address or incomplete information on the receiver.
  • If the Goods cannot be delivered due to the fault of the Buyer or due to the circumstances depending upon the Buyer (the Buyer has provided invalid delivery address or the person provided in the Order is not accessible, or the address cannot be accessed, and other objective reasons), the Buyer will be informed thereof and the Buyer will have to contact the Online Store to agree upon a new delivery time. In such cases the Buyer might be obliged to pay for the repeated delivery.
  • The Seller delivers the Goods to the Buyer within the term provided at the Online Store or during the term selected upon placing the Order, if different delivery terms are proposed. The Buyer agrees that the Seller can contact the Buyer and agree upon other delivery time if the delivery of the Goods can be delayed due to unforeseeable circumstances and due to circumstances that do not depend upon the Seller.
  • If the Buyer, upon receipt of the Order, has detected that the Goods are damaged and/or of poor quality, the Buyer contacts the Seller and submits a request that is supplemented with a photograph of the damaged Goods and a description. The Seller reviews the request and, if it is concluded that the Goods were damaged due to the fault of the Seller and/or supplier, the Seller will return the money for the damaged Goods to the bank account provided and used by the Buyer to pay for the Goods. The Seller reserves the rights to ask the Buyer to return all the damaged Goods to the Seller.

 

  1. Return of the Goods

 

  • The Buyer is entitled to exercise the right of withdrawal and withdraw from the Contract unilaterally within 14 calendar days after delivery of the respective Goods.
  • Request on the return of Goods that do not comply with the Contractual Provisions is to be submitted in line with the procedure stipulated in the Consumer Rights Protection Law and Cabinet Regulations No. 255 “Regulations Regarding Distance Contracts”.
  • The returned Goods are accepted clean, unused, in the original packaging and weights. If the Buyer wants to return the Goods and receive money for the purchase back, the withdrawal application must be prepared in line with the requirements of the Consumer Rights Protection Law and sent electronically to: info@winecountry.lv. The Buyer must send or deliver the Goods to the Seller’s business unit to the address provided at the Online Store. The shipment has to include a filled-in form “Information on the exercising the rights of withdrawal” that includes information on the Goods that are returned. The Buyer shall cover the costs of sending. The value of the Goods is transferred to the Buyer’s bank account from which the payment was received (unless the Buyer has provided another bank account and receiver). The money is returned within 14 days from the day of receipt of the Goods.
  • If the Buyer returns the Goods to the Seller exercising the rights of withdrawal, the delivery fee is not repaid to the Buyer.
  • The Buyer must cover the expenses of return, except the cases when the Goods non-compliant with the Contractual Provisions are returned.
  • The Buyer is responsible for retaining the quality and safety of the Goods within the term provided for exercising the rights of withdrawal. The Buyer is responsible for any reduction of the value of the Goods, if the Goods have been used in a way that does not comply with the principle of good faith, including used for another purpose rather than to clarify the nature or manner of operation of the Goods. The Goods have to be complete and have the same appearance (labels are retained and not damaged, protection films are retained, etc.) and unused. The Goods must be returned in the original packaging and containing the same parts as received. If the Goods are damaged or are not packaged appropriately, the Seller is entitled to not accept the Goods and to not return the money paid for the Goods by the Buyer.
  • The Buyer is not entitled to exercise the rights of withdrawal in the cases provided in Section 22 of the Cabinet Regulations No. 255 “Regulations Regarding Distance Contracts”.
  • The Buyer is entitled to exercise all the lawful rights arising from the Consumer Rights Protection Law and Cabinet Regulations No. 255 “Regulations Regarding Distance Contracts”.

 

  1. Quality Guarantee of the Goods

 

  • The features of all the Goods sold at the Online Store are provided in the description of each separate item. The Online Store is responsible for providing this information to the Buyers, unless the laws and regulations provide otherwise. The manufacturer and/or distributor is responsible for providing the information on the Goods.
  • The Goods displayed at the Online Store can be different from the delivered Goods in terms of size, form, and colour due to the nature of equipment used by the Buyer to place the Order or due to other reasonable non-compliances.

 

  1. Miscellaneous

 

  • If the Goods are delivered to the Buyer with a delay or are not delivered at all due to the fault of the Buyer or due to reasons that depend upon the Buyer, the Seller is not responsible for violation of delivery terms of the Goods.
  • If access to the Online Store or placement of Orders at the Online Store is not possible or is interrupted due to technical issues or due to reasons that do not depend upon the Seller, the Seller is not responsible for any losses of the Buyer or third parties.
  • The Buyer is entitled to express his/her opinion about the Seller’s service quality by sending e-mail to: info@winecountry.lv or via phone: +371 20031019.
  • Any disputes between the Buyer and Seller that may arise in regard to the Contract will be settled via negotiation. If an agreement cannot be reached, any dispute, disagreement or claim arising from the Contract, related thereto or its violation, termination, interpretation or invalidity will be settled at the Commission of Resolving Consumer Disputes, if the Buyer has turned to the Commission and/or at the court of the Republic of Latvia of appropriate jurisdiction in line with the laws and regulations of the Republic of Latvia.

 

  1. Data Protection

 

  • The personal data provided by the Buyer will be processed in line with the laws and regulations applicable in the Republic of Latvia in the field of processing and protection of personal data of natural persons. When the Seller processes and stores the Buyer’s personal data, the Seller will use such organisational and technical means that ensure protection of personal data against accidental disclosure, change or other unlawful processing of data.
  • The Buyer’s personal data will be used to identify the Buyer and receiver of the Goods upon sales and delivery of the Goods, preparing accounting documents, repaying an overpayment and money for the Goods returned by the Buyer, administering debt liabilities, settling other liabilities arising from the Contract, as well as providing the Buyer the opportunity to use other services of the Online Store. The Buyer’s personal data can be processed for the purposes of direct marketing only with a separate consent of the Buyer.
  • The personal data provided by the Buyer will be used only by the Seller and its partners with whom the Seller cooperates in administering the Online Store, delivery of the Goods, and other services related to execution of the Buyer’s Order. The Seller hereby acknowledges that it will not disclose the Buyer’s personal data to other third parties, except for cases provided in the laws and regulations of the Republic of Latvia.
  • The Buyer’s personal data will be stored not longer than it is required by the data processing purposes and in line with the requirements of the laws and regulations. More information about processing of personal data is available in the Principles of Processing Personal Data.

 

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