This agreement is entered into between and by CELLARTE LTD., the owner of the online sales site www.cellarte.eu (hereinafter referred to as CELLARTE), the unified registration No. 40103551071, legal address: Mārupes nov., Jaunmārupe, Mazcenu aleja 6A, LV-2166, LATVIA, e-mail address: email@example.com, phone No. (+371) 26038333 (hereinafter referred to as the Seller), and a natural or legal person (hereinafter referred to as the Purchaser) who is making an order and purchase on the e-store. When making an order on the e-store, the Purchaser shall confirm that he or she has become familiar with this distance purchase agreement of products (hereinafter the Agreement) and provisions thereof, they are known, understandable to the Purchaser, and the Purchaser completely agrees to them. The confirmation is made after reading this Agreement by marking the field “I have become familiar with the Distance Agreement and agree to the terms and conditions thereof”.
1.1 The Seller sells and delivers the products which the Purchaser has selected and ordered on the e-store, but the Purchaser undertakes to accept them and pay for them in accordance with the provisions of this Agreement. The description of the product and price thereof shall be indicated in the Order form within the framework of each separate order of the product made by the Purchaser.
1.2 This Agreement shall be applicable to all orders and purchases which the Purchaser makes on the e-store.
2.1 The Purchaser shall select the Product after having become familiar with its description, characterisation, main features and price, as well as after having assessed its suitability and conformity with your needs.
2.2 The Purchaser shall draw up the Product Order independently via Internet by filling out the relevant Order form on the e-store and pressing on the field “Pay”.
2.3 When making the order, the Purchaser shall indicate precise information on himself/herself:
2.4 The contact details of the Purchaser are necessary in order for the Seller to communicate operatively with the Purchaser, and also in order to send bill of lading-invoice and other necessary documentation to the Purchaser. The Seller shall reserve the right not to service the order if the Seller fails to contact the Purchaser by the phone number or e-mail indicated by him or her.
2.5 The Purchaser shall be responsible for precise filling out of the order form and provision of correct data otherwise the delivery of the Product is not guaranteed. The Seller is not responsible for the losses which are incurred to the Purchaser or third party in the result of provision of incorrect or incomplete information.
2.6 When the Seller receives the order drawn up by the Purchaser, the e-mail is sent to the Purchaser with the approval of the order. If the Purchaser does not receive e-mail with the approval of the order, the Purchaser’s order is not accepted and this Agreement does not take effect.
2.7 The Purchaser shall inform the Seller on any changes in the indicated data not later than within 24 (twenty-four) hours from the time of receipt of the approval of the order by writing e-mail to firstname.lastname@example.org.
3.1 The Agreement shall come into effect at the time when the Purchaser has made an order on the e-store, and the Seller has approved it in accordance with the provisions of paragraph 2.6 of the Agreement.
4.1 The Product price on the e-store is indicated in euro currency (EUR) and it is the final Product price. VAT shall be applicable to the sale transaction of the Product carried out by the Seller. The Product is sold to the Purchaser for the price which is in effect at the time of making the order on the e-store.
4.2 If the transaction is subject to VAT or other taxes and fees in accordance with the requirements of laws and regulations applicable to the Purchaser, the Purchaser shall pay them independently by presenting the tax amounts in the relevant payment documents, where necessary. The Purchaser and Seller shall undertake to co-operate in drawing up the required payment documents if it will be applicable in accordance with the legal acts of the country of residence of the Purchaser.
4.3 Delivery costs of the Product are not included in the Product price. The delivery costs of the Product are applied separately in conformity with the delivery territory selected by the Purchaser. The delivery costs are indicated on the e-store before approval of an order and are included in the invoice issued by the Seller. The Purchaser shall cover the delivery costs together with the payment for the Product before the receipt of the approval from the Seller and commencement of the delivery of the Product.
4.4 The Seller and Purchaser shall agree that the delivery costs of the Product indicated on the e-store may change in conformity with the changes in tariffs laid down by the delivery service provider.
5.1 The Purchaser is obliged to pay for the Product and delivery thereof in accordance with the procedures and within the time period laid down in the Agreement.
5.2 The Purchaser shall make the payment for the ordered Product and delivery thereof in euro currency (EUR) in accordance with the payment method selected by the Purchaser on the e-store.
5.3 The payment for the Product and delivery thereof shall be regarded to be done at the time when the Seller has received the amount indicated in the invoice of the Seller in full amount in the bank account.
5.4 If in accordance with the provisions of this Agreement the Seller has is obliged to repay to the Purchaser the amount of money paid by it for the product and delivery thereof, the Seller shall repay the abovementioned amount of money to the Purchaser by using the same payment method which was used by the Purchaser upon purchase of the product, except for the cases when the Purchaser has explicitly agreed to another payment method and the Purchaser shall not pay for the use of such payment method.
6.1 The Purchaser may make orders 24 (twenty-four) hours per day and night, but the Seller shall make preparation of orders on working days from 9:00 to 18:00 EET; preparation is not carried out on Sundays and bank holidays.
6.2 Preparation of an order is started only after sending confirmation e-mail to the Purchaser and receipt of the full amount indicated on the invoice in the bank account of the Seller.
6.3 The order is regarded as completed at the time when the Product is actually transferred to the Purchaser. The signature of the Purchaser or authorized person thereof and transcript of the signature for the receipt of the Product shall be an integral part of the confirmation of the receipt of the order.
6.4 After completion of the order the obligations of the Seller towards the Purchaser shall be regarded to be fulfilled.
6.5 The property rights to the Product and liability related thereto shall be vested to the Purchaser at the time of transfer of the Product.
7.1 The delivery of the Products ordered by the Purchaser shall be made within the territory of Latvia, EU and other foreign countries.
7.2 The Product ordered by the Purchaser shall be delivered at the address indicated on the order of the Purchaser. After consignment of the Product to the address indicated by the Purchaser, the Purchaser shall receive e-mail with the information regarding the consignment.
7.3 If the Product is sent from the country which is outside EU/EEA, the Purchaser shall agree that his or her data are transferred to the carrier of the Product (post office and/or courier) in order to ensure the delivery of the ordered Product.
7.4 The average delivery period in the territory of Latvia is 3 (three) working days; the delivery period outside the territory of Latvia depends on the country of receipt of the Product consignment, however not later than 30 days (thirty) days after the day of approval of the order. The delivery periods laid down previously may change depending on the availability of the Product. The Seller shall reserve the right to deliver the Product to the Purchaser within 30 (thirty) calendar days from the day of approval of the order or within another time period on which the Seller and Purchaser have mutually agreed.
7.5 The Product ordered by the Purchaser shall be delivered in the territory of Latvia to the address indicated on the order form by the courier and issued:
7.5.1 if it is addressed to a natural person – to the Purchaser personally or to another person which can present a personal identification document, and provide his or her given name, surname, date, time on the document of issue of the consignment, and sign it. If the delivery of the Product is accepted by another person at the delivery address indicated on the order, it shall be regarded that the Product is received by the Purchaser;
7.5.2 if it is addressed to a legal person – to the contact person indicated in the order form of the Product or other representative of the addressee (secretary, office manager, administrator etc.) who shall indicate his or her position, given name, surname, date, time on the document of issue of the Product, and sign it (if there is a company stamp – also put a stamp on it).
If the addressee refuses to indicate the information requested in sub-paragraph 7.5.1 or 7.5.2, the consignment will not be issued.
7.6 The Purchaser shall ensure that at the time of delivery of the Product the Purchaser is at the address indicated on the order and shall accept the Product without delay, sign the delivery document of the Product – bill of lading – and shall make the necessary notations therein (if any shall be made), and also return a copy of the bill of lading to the courier.
7.7 Upon signing the invoice, bill of lading or other document on transfer/acceptance (hereinafter referred to as the Delivery Approval), the Purchaser shall confirm that the Product is transferred in good condition and that its packaging is not damaged.
7.8 If upon delivery of the Product the packaging of the Product is crumpled, wet or otherwise damaged from the outside, the Purchaser shall indicate such defects in the Delivery Approval or shall draw up a separate deed on such defects. The Purchaser shall do it in the presence of the carrier of the Product. The Seller shall not be held liable for such deficiencies of the Product which have been obvious at the time of delivery thereof but have not indicated in the Delivery Approval of the Product.
7.9 If the Purchaser has received damaged product, the purchaser has an obligation immediately, however not later than within 24 (twenty-four) hours, to notify thereof in writing to the Seller to the e-mail address email@example.com. The given name, surname, the firm name (for the Purchaser – legal person), the order number, contact details shall be included in the notification. After receipt of the notification the Seller will take contact with the Purchaser within 24 (twenty-four) hours in order to solve the situation. The Purchaser shall keep the packaging of the Product.
8.1 If the Product ordered by the Purchaser is not at the disposal of the Seller, the Seller shall notify the Purchaser thereof within 2 (two) working days from the time of receipt of the order. In such case the Purchaser has the right to unilaterally withdraw from the Agreement, in its turn the Seller has an obligation to repay to the Purchaser the amount of money paid by the Purchaser for the Product and delivery thereof without any unjustified delay, however not later than within 5 (five) working days from the day of termination of the Agreement.
8.2 If the delivery of the Product is not possible due to the fault of the Purchaser or due to the circumstances dependent on the Purchaser (the Purchaser has indicated incorrect delivery address, the Purchaser is not present at the indicated address, it is not possible to access the indicated address etc.), the Seller has the right to refuse repeated sending of the Product to the Purchaser and unilaterally withdraw from the Agreement. In such case the Seller shall repay to the Purchaser the amount of money paid by it for the Product and delivery thereof.
9.1 At the time of receipt of the Product the Purchaser is obliged to ascertain whether the Product complies with the order of the Purchaser and provisions of this Agreement.
9.2 If the Purchaser (legal person) detects that the Product delivered fails to comply with the order of the Purchaser or provisions of this Agreement, the Purchaser (legal person) shall without any unjustified delay inform the Seller on non-conforming Product by sending a written application to the Seller in which non-conformity of the product with the order of the Purchaser or provisions of the Agreement is indicated. The Seller shall verify the conditions indicated in the application within 5 (five) working days from the time of receipt thereof and contact with the Purchaser to find the solution of the situation.
9.3 If the Purchaser (consumer) detects that the Product delivered fails to comply with the order of the Purchaser or provisions of this Agreement, the Purchaser is entitled to submit a claim to the Seller regarding non-conformity of the Product with the provisions of the Agreement in accordance with the procedures laid down in the Consumer Rights Protection Law of the Republic of Latvia by submitting a written statement of claim by the Purchaser to the Seller in which non-conformity of the Product with the order of the Purchaser or provisions of the Agreement is indicated.
9.4 The statement of claim regarding non-conformity of the Product with the order of the Purchaser or provisions of the Agreement shall be sent:
10.1 The Purchaser (consumer) who in conformity with Section 1, Paragraph three of the Consumer Rights Protection Law of the Republic of Latvia is a natural person who expresses the will to purchase, purchases or could purchase or use the Product for the purpose which is not related to his or her economic or professional activity, is entitled to use the provisions of paragraphs 10.2-10.3 of this Agreement.
10.2 The Purchaser is entitled to use the right of withdrawal laid down in the Consumer Rights Protection Law of the Republic of Latvia and unilaterally withdraw from the Agreement without providing any justification thereon by complying with the provisions of this Agreement.
10.3 In order to use this right of withdrawal, the purchaser shall, in the form of a written notification within 14 (fourteen) calendar days from the time of receipt of the Product, send a letter of withdrawal to the Seller (the sample form of the right of withdrawal is available here). If the end of the time period is on the day of officially laid down bank holiday, the right of withdrawal shall be used until the working day (including it) following the end date of the abovementioned time period.
10.4 The withdrawal form shall be sent:
10.5 Upon receipt of the withdrawal form referred to in Paragraph 10.3 of this Agreement the Seller shall immediately approve with the Purchaser the receipt thereof by sending a notification to the e-mail address of the Purchaser indicated on the withdrawal form.
10.6 The Purchaser is obliged to return the Product and original packaging thereof to the Seller without unjustified delay, however not later than within 14 (fourteen) calendar days after sending a written withdrawal form.
10.7 All expenses which may arise in relation to return of the Product to the Seller shall be covered by the Purchaser.
10.8 Upon withdrawal of the purchase within the time period laid down in paragraph 10.3, the Purchaser is obliged to maintain the quality of the Product and safety during the time period of execution of the right of withdrawal. The Purchaser is responsible for the reduction in value of the Product if the product is used for the purpose other than to find out the features of the Product. In other words, the Purchaser shall retain non-damaged packaging of the Product in order to avoid external mechanical damaging of the Product during exercising the right of withdrawal, the Product may not be damaged, used or without its market appearance. The Product shall be in such condition as it was upon receipt thereof.
10.9 The Seller is obliged to repay the amount of money to the Purchaser for the Product and delivery thereof. This amount of money will be returned to the Purchaser in accordance with paragraph 5.4 of this Agreement without any non-justified delay, however not later than within 14 (fourteen) calendar days after receipt of the Product indicated in the letter of withdrawal of the Purchaser and in the withdrawal form at the office of the Seller (Mārupes nov., Jaunmārupe, Mazcenu aleja 6A, LV-2166, LATVIA).
10.10 If the Seller fails to receive the letter of withdrawal and/or the Product in accordance with the procedures laid down in this Agreement, the Seller is entitled not to refund to the Purchaser the amount of money paid by him or her for the Product and delivery thereof.
10.11 The Purchaser has an obligation to keep both the post/courier service documents on receipt of the Product and post/courier service documents on return of the Product to the Seller.
10.12 The Purchaser does not have the right of withdrawal in the following cases:
10.13 The Purchaser may become familiar with more detailed information on exercise of the right of withdrawal on the website of the Consumer Rights Protection Centre of the Republic of Latvia http://www.ptac.gov.lv/
11.1 This agreement has been made and its provisions shall be interpreted in accordance with the laws and regulations of the Republic of Latvia.
11.2 Any disputes and disagreements which could arise or will arise between the Purchaser and Seller during the performance of this Agreement, the Purchaser and Seller shall settle through mutual negotiations. If agreement between the Purchaser and Seller is not reached within 60 (sixty) days from the day of arising of disagreements/disputes, the dispute shall be settled in accordance with the applicable laws and regulations of the Republic of Latvia in the courts of the Republic of Latvia.
11.3 This Agreement has been made in Latvian and English. In case of disagreements and disputes the text of the Agreement in Latvian shall prevail.
12.1 The Seller agrees to enter into Agreement only with an adult person whose legal capacity and capacity to act are not restricted.
12.2. The provisions of this Agreement shall be applicable to all orders of the Products on the e-store regardless of whether the order is completed and the purchase of the Product is made. The Agreement between the Seller and Purchaser shall be regarded as concluded from the time when the Purchaser has made an order on the e-store and shall be in effect until complete fulfilment of the obligations of the parties in accordance with the provisions of this Agreement.
12.3 The Seller has the right to unilaterally change the content of this Agreement without infringing the requirements of applicable laws and regulations. This condition shall not apply to those orders which are in the process of performance thereof. The changes shall take effect from the time of publication thereof on the e-store.
12.4 The Purchaser understands and agrees that the Seller tries to demonstrate the original appearance of the product as precisely as possible. However, as the monitors of certain computers may display colours differently, the Seller is not responsible for the original product shown on the e-store and refuses from any responsibility in such relation.
12.5 The Seller shall not be held liable for full or partly non-fulfilment of the obligations of this Agreement if non-fulfilment thereof has been caused due to force majeure circumstances, including changes in international agreements, laws, binding regulations of local state or local government or international organizations/institutions, government or local government decisions, fire, natural disasters, strikes, military aggression, revolts and other similar circumstances which are not dependent on the will of the Seller referring to them, and which is not under reasonable control thereof and have not set in as direct or indirect result of action or inaction of the Seller.
13.1 All issues in relation to this Agreement or performance thereof shall be made in writing by sending them to the Seller’s e-mail address firstname.lastname@example.org.