Terms and conditions of use

Terms of Use and Purchase of Online Shop

To use Elisenda Ltd., registration number 40003357555, legal address Bezdelīgas 21, Ogre, LV-5001, (hereinafter - SELLER) online store

BUYER (natural person or an authorized representative of a legal entity) must familiarize himself / herself and accept the Purchase Terms and Conditions offered by the SELLER before making a purchase (hereinafter - the Terms).

 

 

  1.             GENERAL PROVISIONS

1.1.  RULES AND THEIR DURATION

1.1.1.        Pursuant to these Terms, the SELLER shall sell goods located on the SELLER website at http://www.elisenda.lv (hereinafter - INTERNET SHOP). The BUYER shall purchase the product in accordance with the assortment it indicates in the order in the Latvian, English or Russian language on the INTERNET STORE website (hereinafter - ORDER) and accept it.

1.1.2.        Ownership of the goods shall pass to the BUYER with full payment and receipt of the purchase price.

1.1.3.        The SELLER shall use the e-mail address and / or mobile phone number specified by the PURCHASER to communicate with the BUYER. All notices delivered to the BUYER at the email address and telephone number specified in the order shall be deemed received.

1.1.4.        Product images displayed in the INTERNET SHOP are as close as possible to reality but may differ from the product offered. To clarify the characteristics of the item or to avoid any confusion or misunderstanding regarding the ordering of the item, the BUYER shall have the right and opportunity to contact the SELLER using the means of communication and contact information specified in these TERMS.

1.1.5.        PURCHASER agrees to process his / her personal data provided during registration, order and / or obtained through the INTERNET SHOP for the purpose of executing an order (contract), including transfer to third parties for delivery, payment processing.

1.1.6.        These RULES shall take effect on November 1, 2018. The TERMS AND CONDITIONS are subject to change without notice and are posted on the INTERNET STORE. The BUYER is obliged to read the TERMS every time before placing an order. Your use, registration and / or ordering in the INTERNET STORE after the publication of any changes to the Terms shall serve as the PURCHASER's consent to these changes.

 

1.2.  BUYER REGISTRATION AND LIABILITY

 

1.2.1.        By registering in the INTERNET SHOP and accepting these TERMS, the BUYER certifies that he is of legal age. If the BUYER is a legal entity, the BUYER certifies that they are acting on their behalf by a duly authorized person.

1.2.2.        The BUYER warrants that he will operate the Store in accordance with the law and only in an authorized manner. In the event of any violation of the TERMS or regulations, the SELLER shall have the right to immediately rescind the contract for the PURCHASER’s purchase and / or to prohibit the PURCHASER from using the INTERNET SHOP.

1.2.3.        The PURCHASER is required to provide valid contact details (telephone number, email address) upon registration.

 

 

1.3.  DISTANCE AGREEMENT

 

1.3.1.        If the PURCHASE is made exclusively through distance communication in the INTERNET SHOP, a distance contract shall be entered into between the SELLER and the BUYER.

1.3.2.        The distance contract shall take effect from the moment the PURCHASER has placed an order in the INTERNET STORE and the SELLER has delivered confirmation of the order made via e-mail to the e-mail address indicated by the Purchaser.

1.3.3.        The right of withdrawal arising from the distance contract in accordance with the Consumer Rights Protection Law and Cabinet of Ministers Regulation No. 255 - "Provisions Concerning Distance Contracts", shall apply only to the BUYER who is considered to be a consumer individual not engaged in business activities) under these laws and regulations.

 

1.4.  RIGHT OF WITHDRAWAL

 

1.4.1.        Except in the cases below, the BUYER, being a consumer within the meaning of the laws, may exercise the right of withdrawal and unilaterally withdraw from the purchase of the item specified in the order within 14 (fourteen) calendar days of receipt of the item - the date of mutual signing of the deed of transfer (if the buyer has ordered multiple items in a single order, the date of acceptance of the deed of acceptance for the last item; in the case of supplies consisting of several lots or parts, the date, when the deed of acceptance for the last batch or lot of the goods is signed; in the case of contracts for the regular supply of goods, from the date of acceptance of the act of acceptance of the first product). The right of withdrawal shall not apply to distance purchases.

1.4.2.        If the goods have been delivered through parcel services, the BUYER, who is a consumer within the meaning of the law, may exercise the right of withdrawal and unilaterally withdraw from the purchase of the item specified in the order within 14 days from the moment the buyer has removed the item from the parcel.

1.4.3.        The BUYER shall notify the SELLER, prior to the expiration of the right of withdrawal, of the decision to withdraw from the order by submitting a withdrawal form or a notice of exercise of the right of withdrawal. The deadline is met if the buyer sends the cancellation form (in accordance with Cabinet Regulation No. 255 of May 20, 2014 - “Regulations on Distance Contracts”, hereinafter - Cabinet Regulation No. 255) or a notice regarding the exercise of the right of withdrawal to the SELLER end. It is the buyer's responsibility to prove the exercise of the right of withdrawal.

1.4.4.        Dispatch of the cancellation form or notice of cancellation shall terminate the ORDER and relieve the Purchaser of the contractual obligations arising from the distance order.

1.4.5.        THE SELLER shall return the item to the SELLER or transfer it to the SELLER or his authorized representative without undue delay, but not later than 14 (fourteen) days after sending the SELLER a waiver form or a notice of exercise of the right of withdrawal. The time limit is met if the item is returned before the expiration of the 14 (fourteen) day period.

1.4.6.        The SELLER shall reimburse to the PURCHASER the amount paid by the PURCHASER without undue delay, but not later than within 14 (fourteen) days from the date of receipt of the information about the Purchaser's decision to withdraw from the PURCHASE, including the delivery costs paid by the PURCHASER. The SELLER shall reimburse the said amount using a payment instrument of the same type as the PURCHASER, unless the Purchaser has expressly agreed to another payment instrument and the PURCHASER is not required to pay for the use of such payment instrument.

1.4.7.        The BUYER shall bear the direct cost of returning the item, unless the SELLER has agreed to bear these costs or has not informed the BUYER that it will bear the costs.

1.4.8.        The BUYER can not exercise the right of withdrawal in accordance with the provisions of the Cabinet of Ministers Regulations No. 22, in the cases when:

• the price of the item is subject to fluctuations in the financial market which the SELLER has no control over and which may arise during the term of the right of withdrawal;

• the BUYER has opened the packaging for the item which cannot be returned for health and hygiene reasons;

1.4.9.        The PURCHASER is responsible for maintaining the quality and safety of the goods during the exercise of the right of withdrawal. The BUYER shall be liable for any diminished value of the goods used for purposes other than ascertaining the nature, characteristics and functioning of the goods, and for returning them to their complete state.

1.4.10.    The SELLER shall be entitled to withhold the refund of the money paid by the PURCHASER under the Distance Purchase Agreement until the SELLER has received the item or the PURCHASER  has provided the SELLER with a confirmation that the item has been returned, whichever is earlier.

 

1.5.  COMPLAINTS PROCEDURE

 

1.5.1.        Complaint about availability or quality of goods must be submitted electronically by sending to the following e-mail address: info@elisenda.lv or in writing, by sending to the legal address: Ogre, Bezdelīgas 21, LV-5001. The complaint will be processed no later than 30 (thirty) days from the date of recieving the complaint and by sending a reply to the contact address indicated in the complaint.

1.5.2.        Disputes concerning the fulfillment of obligations shall be settled by negotiation.

1.5.3.        BUYERS who are deemed to be consumers within the meaning of the laws and regulations have the right to use the alternative dispute resolution possibilities specified in the laws and regulations by submitting a written application to the SELLER of the goods regarding the out-of-court dispute resolution,by indicating:

1. Name, surname, contact information;

2. The date of submission of the application

3. The nature of the dispute, the claims and the grounds on which they are based.

Information on out-of-court dispute resolution and out-of-court dispute resolution:

- http://www.ptac.gov.lv/en/content/arpustiesas-pateretaju-stridu-risinataju-datubaze

- http://www.ptac.gov.lv/sites/default/files/sstrida_resolving_process-page-001_0.jpg

 

Out-of-court Dispute Resolution

Consumer Out-of-Court Dispute Resolution Commission

Riga, Brivibas Street 55, LV-1010

Phone: 65452554;

e-mail: ptac@ptac.gov.lv

home page: http://www.ptac.gov.lv/en/content/pateretaju-strid-resolving-commission-0

Cost

Free

Languages

Applications may be submitted in accordance with the State Language Law

 

  1. INFORMATION ABOUT THE WEBSITE http://www.elisenda.lv

2.1.  COSTS

2.1.1.        All the prices of goods in the INTERNET SHOP are indicated in euros together with 21% value added tax

2.1.2.        The cost of delivery of the goods to the BUYER is not included in the price of the goods and in addition to the price of the goods the BUYER pays for the delivery services, if a fee is specified for the particular type of delivery.

2.1.3.        If the item is offered at a special price (promotional price), the said offer is valid for the period indicated next to the item in the ONLINE STORE.

2.1.4.        By accepting an order in accordance with the order form, the Buyer agrees to the amount and payment of the applicable delivery price (if applicable for that particular shipping method). The Buyer shall bear the Seller's costs for delivery at the delivery service price even if the item has not been delivered to the Buyer due to its fault (incl. Absence at the agreed place / time), as well as re-delivery costs, if any have agreed.

 

2.2.  LANGUAGES

 

2.2.1.        The PURCHASE form in the INTERNET SHOP is available in Latvian, English and Russian and the BUYER has the opportunity to place an PURCHASE in any of these languages.

 

2.3.  PAYMENT FOR THE GOODS

 

2.3.1.        Payment for the item and selected delivery service can be made by bank transfer, payment card, cash payment at SIA “Elisenda” stores upon recieving the item, or payment according to the invoice issued by the SELLER within the term specified therein, by money transfer to the SELLER bank account indicated on the invoice.

2.3.2.        The payment terms for the item may depend on the delivery method chosen by the BUYER.

2.3.3.        Payment of the purchase price of the goods shall be evidenced by a payment document (cashier's check, strict receipt). If the BUYER makes the payment by bank transfer, including the payment card, the day of payment is considered the day when the payment is received in the SELLER bank account.

 

2.4.   ORDER FOR DELIVERY GOODS

2.4.1.        To make a purchase, a BUYER who is registered with the INTERNET SHOP and has accepted these TERMS, completes the order form on the INTERNET SHOP and accepts it by clicking the button with the appropriate indication.

2.4.2.        The acceptance of the order includes the Purchaser's obligation to pay. The SELLER will send confirmation of the order and execution upon receipt of the buyer's order. The Order shall remain in force until it is fulfilled or until terminated in the cases provided for in these TERMS.

2.4.3.        Delivery of the Goods to the BUYER shall be performed in the manner chosen by the BUYER, after payment of the purchase fee and payment of the price of the selected delivery service. The SELLER shall notify the BUYER within 5 business days of receiving the payment to one of the BUYER contacts (e-mail address, telephone number) indicated in the application about the availability of the item.

2.4.4.        The PURCHASER is obligated to be reachable by telephone and / or e-mail specified in the PURCHASE to agree on delivery details and other issues during the order.

2.4.5.        If the SELLER is unable to perform the contract because the item ordered by the BUYER is unavailable, the SELLER shall be obliged to inform the BUYER thereof. In this case, the SELLER may offer the BUYER a similar item at an equivalent price.

2.4.6.        If the item is delivered through a parcel service, the order shall be deemed to have been completed at the time when the BUYER removes the item from the parcel via message received via SMS and / or e-mail about the delivery of the parcel.

 

2.5.  ORDERING

2.5.1.        The BUYER has the opportunity to purchase any selected item in the INTERNET SHOP by ordering it on (http://www.veikals.elisenda.lv). In order to place an order via the INTERNET, the BUYER needs to register (orders can be placed only by registered users).

2.5.2.        FIRST ORDER:

  1.        Choose the product you are interested, read the description of the product and if you are satisfied with the selected product, then choose the size and press the "ADD TO BASKET" button;
  2.         You see the item in the "shopping cart". You have the following options:

o - Edit quantity. Enter the required number in the Quantity field;

o - Delete an incorrectly entered item from the shopping cart. Click on the 'cross' to the left of the product image;

o - Order your selected item (s). Click on "ORDER ORDER".

 

  1.        You need to register. Fill in all fields with and press "Continue";
  2.        Choose the type of shipping you need and press "Continue";
  3.        Choose your payment method and press 'Continue';
  4.        Review and confirmation of your order. You will see the full details of your order: name(s) of the item(s), quantity, price including VAT, delivery charge. The ‘” cell shows the final amount of your order.”
  5.         To order your selected item (s), press "
  6.         The next step is payment according to the payment method you choose;
  7.         Congratulations! You have placed your first order and at the same time become a registered user of the INTERNET STORE. An email confirming your registration and order will be sent to the email address you provided at the time of registration.

2.5.3.        REGISTERED USER

  1.        You need to login to place an order. Press "ENTER";
  2.        Enter your e-mail address (Email), password and press "ENTER".
  3.        Choose the product you are interested in, read the description of the product and if you are satisfied with the selected product, then choose the size and press the "ADD TO BASKET" button;
  4.        You see the item in the "shopping cart". You have the following options:

o - Edit quantity. Enter the required number in the Quantity field;

 

o - Delete an incorrectly entered item from the shopping cart. Click on the "cross" to the left of the product image;

 

o - Order your selected item (s). Click on "ORDER".

 

1. Check all fields with contact information and press 'Continue';

2. Choose the type of shipping you need., press "Continue";

3. Choose your payment method, press 'Continue';

4. Review and confirmation of your order. You will see the full details of your order: name (s) of the item (s), quantity, price including VAT, separately tax amount, delivery charge. The "Total for Payment" cell shows the final amount of your order.

5. To order the item (s) of your choice, click " PAYMENT".

6. The next step is payment according to the payment method you choose;

7. Thank you for your purchase!

2.6. STORAGE CONDITIONS OF THE CONTRACT

2.6.1. The SELLER does not keep distance contracts for goods purchased in the INTERNET STORE.

2.7. TECHNICAL MEANS FOR DETERMINING AND CORRECTING INFORMATION ERRORS BEFORE ORDERING

At all stages of the order process, the INTERNET SHOP USER has the ability to edit the entered data by going back one or more steps. BUYER can correct any errors found after order confirmation by contacting the web store managers by phone +37126675125 or by e-mail info@elisenda.lv.

2.8. CONTACT INFORMATION AND DETAILS

SIA "Elisenda"

Registration No: 40003357555

VAT No .: LV 40003357555

E-mail: info@elisenda.lv

PURCHASE OBLIGATIONS

At the moment, it is possible to pay for your purchases by bank transfer at http://www.veikals.elisenda.lv

  1.        Confirm the order by clicking on the "Next" button, then "place the order";
  2.        An invoice will be sent to the email address you provided.
  3.        The invoice will show the account number to which the full purchase amount must be transferred. Be sure to include the invoice number when paying your invoice (example: Invoice # 12345678-12345).

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