TERMS AND CONDITIONS
Online Store brios.lv Distance Agreement
1. Agreement Subject
1.2. The Seller – the owner of the online store site brios.lv, hereinafter the Online Store, and the owner of the rights related to it – SIA BambuKK registration No. 44103130180, registered office and post address: Jūrmala, Mellužu prospekts 9-2, LV-2008, which within its economic activity in accordance with this distance agreement, hereinafter referred to as – the Agreement, offers and sells goods to the Buyer;
1.3. The Buyer – capacitated person, who has registered at the Online Store and places an order at the Online Store. By registering at the Online Store, the person confirms that he/she is capacitated and has the right to purchase goods at the Online Store;
1.4. The Agreement shall be deemed concluded from the moment, when the Buyer has placed an order and has paid for the Goods in accordance with these Terms and Conditions;
1.5. The Seller shall have the right to unilaterally amend and to supplement the Agreement Terms and Conditions. When the Buyer purchases goods at the Online Store, the Agreement Terms and Conditions, which are in force at the time of ordering the Goods, shall apply;
1.6. The Seller shall have the right to restrict the services that can be used by the Buyer without notice or cancel the Buyer’s registration, if the Seller believes that the Buyer may violate or violates the Agreement Terms and Conditions, is trying to harm the Seller, the activities of the Online Store or its security, or third parties;
1.7. By placing an order, the Buyer confirms that he/she has read this Agreement and the terms and conditions contained therein, is aware of them, understands them and fully agrees with them. The Buyer undertakes to get acquainted with the Agreement Terms and Conditions every time he/she makes a purchase. The Buyer shall not have the right to order goods at the Online Store, if he/she has not read the Agreement Terms and Conditions or does not agree with them.
2.1. In order to use the services of the Online Store and to purchase the Goods offered therein, the Buyer must register and create his/her personal account at the Online Store using the basic registration data (providing the e-mail address and choosing a password);
2.2. After creating the password and registering, the Buyer undertakes to ensure that the password is not disclosed to third parties. The Buyer shall be responsible for any actions he/she takes at the Online Store by logging in with his/her password. If the services provided by the Online Store are used by a third party using the Buyer’s access data, the Seller shall consider this person as the Buyer. If the Buyer loses the access data, he/she must immediately inform the Seller by phone or by e-mail that is provided at the Online Store website;
2.3. When registering, the Buyer may indicate, whether he/she is willing to receive notifications from the Seller or its partners or other offers useful to the Buyer, thus agreeing that such notifications or offers may be sent to the Buyer. If the Buyer is not willing to receive them and has accordingly approved it, the Seller shall not send the Buyer advertisements and informative messages, except those that are required to fulfil the order placed by the Buyer;
2.4. The registered Buyers may, at their own discretion, indicate their name, gender, age, year of birth and other information in the appropriate sections. By providing information about himself/herself, the Buyer gives the Seller, as the controller of personal data, the right to select, store, systematize and use all the information and data directly or indirectly provided by the Buyer, when using the services of the Online Store.
2.5. The personal data provided by the Buyer shall be processed in compliance with the regulatory enactments of the Republic of Latvia, that regulate the processing and protection of personal data. When processing and storing the Buyer’s personal data, the Seller shall use organizational and technical means that ensure the protection of personal data from accidental disclosure, changes or other illegal types of data processing.
2.6. The Buyer’s personal data shall be used to identify the Buyer and the Recipient of the Goods, when implementing the sales and delivery actions of the goods, when issuing the accounting documents, when returning the overpaid amount and money for the returned goods, when administering debt liabilities, and performing other obligations under the Agreement, as well as when providing the Buyer with the possibility to use other services of the Online Store. The Buyer’s personal data may be processed for direct marketing purposes only with the Buyer’s consent.
2.7. The personal data provided by the Buyer shall be used only by the Seller and its partners, with whom the Seller cooperates in the administration of the online store, the delivery of the goods and other services related to the execution of the Buyer’s order. The Seller confirms that it shall not disclose the Buyer’s personal data to other third parties, except in cases as provided by the regulatory enactments of the Republic of Latvia.
2.8. The Buyer’s personal data shall not be stored longer than required by the stated purposes of data processing.
3. The Ordering of the Goods
3.1. When placing an order, it is required to indicate the address, name, surname and phone number of the recipient of the goods;
3.2. When placing an order, the Buyer must confirm that he/she has chosen to purchase the specific item in accordance with the terms and conditions provided in this Agreement;
4. The Price of the Goods, the Delivery Costs and the Payment Procedure
4.1. The prices of the goods in the order created at the Online Store shall be provided in euros (EUR). The Goods shall be sold to the Buyer at the price in force at the Online Store at the time of placing the order;
4.2. The Buyer shall pay for the goods and the delivery immediately after placing the order, by using one of the payment systems provided at the Online Store or at the time of receipt by a payment card or by paying in cash;
4.3. At the time of ordering the goods, such delivery costs shall be applied that are provided at the Online Store. The order amount, which consists of the price of the goods and the delivery costs, shall be available to the Buyer during the ordering process before the order is confirmed.
5. The Delivery of the Goods
5.1. The Seller shall deliver the Goods to the address provided by the Buyer using courier services, appointed by the Seller;
5.2. The goods shall be delivered only in the territory specified by the Seller. The Seller shall accept the order, only if the delivery address that is provided by the Buyer is located within the specified territory;
5.3. The Seller shall take care that the Buyer’s order is completed in full, but the Seller cannot guarantee it. If there are no ordered goods in the store or if their amount is insufficient, the Seller shall have the right not to deliver the goods or to deliver the goods in smaller quantities;
5.4. The goods ordered by the Buyer shall be delivered to the address specified in the Buyer’s order. The person provided in the order must accept the goods himself/herself. If the ordered goods have to be received at the address specified in the order by a person, other than the one specified in the order, it shall be deemed that the order has been received by the person specified in the Order. The Seller shall bear no liability for damages incurred by the Buyer or third parties due to the fact that the Buyer has provided incorrect delivery address or incomplete data of the recipient, or if it is intended that the goods will be received by another person at the delivery address;
5.5. If the delivery of the goods is not possible due to the Buyer’s fault or circumstances resulting from the Buyer’s actions (the Buyer has provided incorrect address, the Buyer or the person indicated in the order cannot be found at the specified address, the specified address cannot be accessed, and due to other objective reasons), the goods shall not be sent repeatedly, and the amount paid for the goods shall be returned, excluding the delivery costs and the costs for damaged items, if any of them are damaged as a result of their return. If at the time of placing the order the Buyer has been granted a discount for the delivery, but the delivery of the goods is not possible due to circumstances beyond the Seller’s control, the Seller shall have the right to deduct the delivery costs from the full amount that is to be returned to the Buyer;
5.6. The Seller shall deliver the goods to the Buyer within the term specified at the Online Store or within the period selected in the order, if different delivery periods are offered. The Buyer agrees that in cases, when the delivery of the goods may be delayed due to unpredictable circumstances beyond the control of the Seller, the Seller may contact the Buyer and agree on a different delivery time;
5.7. If at the time of the delivery the Buyer states that the package of the shipment is damaged (torn packaging label or other external damages), or if the shipment is delivered late, he/she must record it in the delivery document – the Seller’s copy of the invoice. Otherwise, it shall be deemed that the shipment has been delivered on time and undamaged.
5.8. Immediately upon the receipt of the Goods the Buyer shall check the conformity of the delivered Goods to the ordered Goods and the ordered quantities, as well as shall check the quality of the received goods, including the expiry dates of the goods and the labelling in the official language. If the Buyer states that the shipment does not contain the appropriate quantity of goods, the delivered goods do not match the order, or the goods are of inadequate quality, including regarding their expiry dates and labelling in the official language, the Buyer shall have to immediately make notes in the delivery document – the invoice, and shall have the right not to accept such particular items. If the Buyer has signed the delivery document – the invoice, and no notes have been made in it, it shall be considered that the delivered goods correspond to the order, have been delivered in the quantity and quality that corresponds to the order.
The Seller must be informed about the stated deficiencies and the identified discrepancies no later than on the day of receipt of the Goods, by submitting a relevant notice through his/her personal account opened at the Online Store or by sending an e-mail to the Seller’s e-mail address [email protected] The Seller shall check the conditions provided in the notification within 3 (three) working days from the moment of receiving the e-mail and shall contact the Buyer to agree on a solution to the situation.
5.9. The Buyer shall be obliged to provide that the person indicated in the order is located at the address specified in the order at the time of delivery, presents an identity document to the courier, accepts the goods without delay, signs the invoice, makes notes on the invoice (the Seller’s copy), if the goods have been delivered late or if the packaging label is damaged, and returns a copy of invoice to the courier.
5.10. If the Buyer has not provided execution of Clause 5.9, the Seller shall not be liable for any losses of the Buyer, and the Buyer shall bear the costs and losses incurred by the Seller due to the delivery, return or damages of the goods. The Seller shall have the right to deduct the indemnity of expenses and losses from the amount paid by the Buyer, if the Buyer has not accepted the goods or if due to circumstances beyond the Seller’s control they have not been handed over to the Buyer and have been returned to the Seller.
6. The Return of the Goods
6.1. The goods with an expiry date shall be delivered in such way that the Buyer has the opportunity to use these goods until the expiry date;
6.2. An application for the return of a product that does not comply with the terms and conditions of the agreement shall have to be submitted in accordance with the procedures specified by the Cabinet of Ministers Regulation No. 631 “Procedures for the Submission and Examination of Consumer Claims Regarding the Non-conformity of Goods or Services with Contract Provisions” by using the Buyer’s personal current account registered at the Online Store;
6.3. The Buyer may exercise the right of withdrawal and unilaterally withdraw from the purchase agreement within 14 calendar days after the delivery of the relevant goods. The Buyer may not exercise the right of withdrawal if:
- the ordered goods in their nature are non-returnable, have to be used quickly or are perishable;
- food products or other goods for immediate consumption in the household are delivered;
- the goods have been damaged after delivery;
- in other cases provided by law.
6.4. In order to exercise the right of withdrawal, the Buyer shall send the return application of goods to the e-mail address: [email protected] The Seller shall check the circumstances indicated in the application within 10 (ten) days and, if required, shall contact the Buyer in case the application is not substantiated;
6.5. In case of exercising the right of withdrawal, the Buyer shall deliver the goods to the Seller’s office in Jūrmala, Mellužu prospekts 9-2, LV-2008, 14 days after the receipt of the goods.
6.6. The Seller shall return to the Buyer the price of the goods, which the Buyer, using the right of withdrawal, has returned to the Seller in accordance with the procedures specified in this Agreement, within 14 (fourteen) calendar days after the receipt of the goods.
6.7. If the Buyer returns the goods to the Seller using the right of withdrawal, the delivery costs shall not be returned to the Buyer.
6.8. The costs of returning the goods, except if goods not complying with the terms and conditions of the Agreement are returned, shall be borne by the Buyer;
6.9. The Buyer shall be responsible for maintaining the quality and safety of the goods during the period of exercising the right of withdrawal. The Buyer shall be liable for any decrease of the value of the goods, if the goods have been used in a manner incompatible with the principle of good faith, including for purposes other than the one used to identify the features or functioning of the goods. The goods shall have to be undamaged, shall have to retain the appearance of the goods (unremoved and undamaged labels, remaining protective films, etc.) and shall have to be unused. The goods shall have to be returned in their original packaging, in the same set as they were received, and along with the delivery document of the goods, as well as the instructions for use and other accessories of the goods. If the goods are not in full set, are damaged, untidy or not properly packaged, the Seller shall have the right not to accept the goods, as well as not to refund the money paid by the Buyer for the goods.
7. Product Quality Guarantee
7.1. The features of all goods sold at the Online Store are provided in the individual product description card of each product.
7.2. Particular types of goods are covered by the manufacturer’s warranty. Goods for which no quality guarantee is issued are covered by the guarantee specified in the relevant legislation. If the Buyer is not satisfied with the quality of the ordered Goods, he/she shall be obliged to inform the Seller thereof, so that it could contact and inform the manufacturer of the product or the official distributor.
8. Other Provisions
8.1. If the delivery of goods to the Buyer is delayed or if the goods are not delivered due to the Buyer’s fault or as a result of the Buyer’s actions, the Seller shall not be liable for the violation of the terms of delivery of the goods.
8.2. If access to the Online Store, registration at the Online Store or placing of an order at the Online Store is not possible or is hindered due to technical reasons or other reasons beyond the Seller’s control, the Seller shall not be liable for any losses incurred by the Buyer or third parties.
8.3. The Seller shall not be responsible for the consequences, if due to the individual functions of the Buyer’s computer or monitor, the image of the goods at the Online Store displayed on the Buyer’s computer monitor differs from the appearance of the goods in nature according to any of their features.
9. The Order of Reviewing Complaints and Out-of-Court Disputes
Complaints regarding the quality of goods and other issues related to the purchase must be e-mailed to [email protected] or submitted in written form at the following address: SIA BambuKK Jūrmala, Mellužu prospekts 9-2,LV-2008. All complaints shall be reviewed within 7 working days from the date of receipt of the complaint, by sending a reply to the contact address provided in the complaint.
If the complaint is found to be unreasoned and the submitter of the complaint does not agree with the recognition of the complaint as unreasoned, the submitter shall have the right to use the alternative dispute resolution options specified in the regulatory enactments by submitting a written application to the Seller regarding an out-of-court dispute resolution, indicating:
- name, surname, contact information;
- the date of submission of the application;
- the nature of the dispute, the claims and the grounds for them.
Information on out-of-court dispute resolution options and out-of-court dispute resolvers:
- Information about the dispute resolution process: www.ptac.gov.lv/lv/content/stridu-risinasanas-process
- Information on the database of the out-of-court consumer dispute resolvers: www.ptac.gov.lv/lv/content/arpustiesas-pateretaju-stridu-risinataju-datubaze
- Online Dispute Resolution (ODR) information: If there is a problem with a product purchased online, the customer can use the ODR platform to submit a complaint, which will be reviewed by an independent dispute resolution structure. Links to the ODR platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN