Distance contract
DISTANCE CONTRACT AND TERMS OF USE OF THE ONLINE STORE
1. Terms used:
- Company - Joint Stock Company "ALTENERGO", reg. No: 40103175220, VAT number: LV40103175220, registered office "Pulkveža Brieža iela 43-4, Riga, LV-1010, Republic of Latvia, e-mail: info@tavasistema.lv, tel. +371 67 32 30 24
- Online store - Website www. tavasistema.lv maintained by the Company, where it is possible to purchase the Goods.
- Terms and Conditions - this Distance Contract and the Terms and Conditions of Use of the Online Store (e-store);
- Buyer - a legal entity or an adult natural person who wishes to purchase or has purchased the Good(s).
- Goods - any goods offered on the Online Store (e-store) which the Customer may order and purchase.
2. General provisions
2.1. These Conditions govern the legal relationship between the Buyer and the Company in relation to the Goods and their delivery. The Conditions shall also be deemed to be a distance contract between the Buyer and the Company as seller.
2.2. The placing of a purchase or order constitutes the Buyer's acceptance of these Conditions.
2.3. The Buyer is obliged to provide and enter true and complete details of its data, contact details and means of payment. The Buyer shall immediately notify the Company if any error or change is noticed in the data provided. The Buyer shall be liable for the consequences of any inaccuracy or error in the data provided to the Company.
2.4. The Buyer shall be responsible for the accurate and correct placing of the order, specifying the Goods required, their quantity and specification (where an option is provided).
3. Goods quotation and order
3.1. Information about the Goods and their price is set out in the Online Store next to the relevant Goods. The prices for the Goods and delivery are valid at the time the Goods are ordered. The Company shall be entitled to change the range of Goods and the offer and prices displayed in the Online Store at any time at its sole discretion, except in respect of orders which have already been placed and paid for.
3.2. The information about the Goods and their images are provided for information purposes, with the aim of improving the shopping experience in the Online Store. The appearance of the Goods may differ from what is shown in the images (in particular with regard to colour reproduction) and the Goods may be in different packaging.
3.3. The information and conditions of use of the Goods are set out in the Goods documentation and take precedence over the information provided for information purposes in the Online Store. Before using the Goods, you should read the documentation and the conditions of use attached to the Goods.
3.4. Prices are quoted in euros (EUR). The price of the Goods in the Online Store is inclusive of value added tax. All payments for the Goods shall be made in Euro (EUR).
3.5. The Company endeavours to ensure that the prices of the Goods are always quoted accurately but cannot guarantee that the prices quoted at the time of ordering will be the correct prices of the Goods at that time.
3.6. Delivery charges are shown separately from the price of the Goods. The delivery service is provided by third parties (delivery company, carrier) in the event that the Buyer does not itself collect the Goods at the Buyer's place of sale (delivery).
3.7. The Buyer shall first place an order for the Goods in the Online Store, which shall be placed in the shopping cart. The Buyer has the option to continue to select other Goods before placing the order.
3.8. At the time of placing an Order, the Buyer must select/specify the method and address for collection of the Goods.
3.9. After placing an order and paying for the Goods (prepayment), an order confirmation will be sent to the e-mail address provided by the Buyer.
3.10. The invoice sent by the Company to the Buyer's e-mail or available (downloadable) in the Online Store shall be prepared electronically and shall be valid without signature.
3.11. The Buyer shall pay for the Goods and their delivery by one of the payment methods indicated in the Online Store by paying the Company's invoice.
3.12. After the Company has received full payment for the Goods and their delivery, the Company or a delivery company (carrier) will deliver the ordered Goods to the collection point specified by the Buyer. The Buyer shall be bound by the terms and conditions of the chosen supplier (e.g. opening hours and times at which the Goods must be collected, etc.). The delivery charges and the delivery period depend on the delivery method chosen.
3.13. An order for Goods shall be deemed to have been placed and shall become binding on the Buyer and the Company when the Company has received payment for the Goods and their delivery and has confirmed the order (purchase).
3.14. The Buyer shall be notified by e-mail of the delivery of the Goods.
3.15. The Company shall dispatch the Goods to the Buyer within one week, except in the event that the dispatch of the Goods is delayed and delayed due to the availability of the Goods or the performance of the delivery company (carrier). Delivery shall normally take up to 7 working days, however, a different delivery period may be specified for each specific order and delays in delivery (particularly in the case of a delivery company's heavy workload) cannot be excluded.
3.16. If the Buyer has provided a payment card valid for online purchases in the Online Store (or in the electronic payment service provider tool provided in the Online Store), the Buyer agrees that the Company has the right to charge the payment card for the Goods and delivery. By providing the payment card details, the Buyer shall be deemed to have confirmed that the Buyer has the legal right to handle and pay with the relevant means of payment.
4. Delivery
4.1. Delivery of the Goods may be subject to a charge depending on the method of delivery chosen and the place of collection. The delivery charge, if any, shall be specified at the time of ordering the Goods (after selection of delivery method and location).
4.2. The Goods shall be delivered within the territory of the Republic of Latvia. The Buyer may enquire with the Company about the possibility of delivery to other territories, however the Company may not provide such delivery.
4.3. Delivery of the Goods shall be made only after full payment for the Goods and their delivery.
4.4. The Buyer shall, at the time of placing the order, provide accurate and complete information about the place of delivery (including part of the building, door code, floor, exact building entrance if there are more than one, etc.).
4.5. The Seller and the delivery company (carrier, courier) shall not be liable for non-performance or delay of delivery if caused by incomplete or inaccurate information provided by the Buyer.
4.6. The Buyer may not change the delivery address of the Goods after the order has been confirmed.
4.7. The Buyer shall inspect the packaging of the Goods for damage (including damage caused by transportation) before accepting the Goods. If any damage to the packaging or other irregularities (e.g. the packaging is wrinkled, wet, etc.) are found, the Buyer must indicate this on the delivery document (or in the case of contactless collection, notify the delivery service provider) and notify the Company immediately, attaching relevant documents and photographs of the packaging showing the marking of the Goods, the damaged area of the packaging and the damage to the Goods. The Company may not be liable if the damage to the Goods occurred during carriage and the Buyer has failed to disclose in the delivery document the damaged packaging of the Goods or other external signs of damage which were detectable on receipt of the Goods and has failed to notify the Company accordingly.
4.8. The Buyer or a third party nominated by the Buyer shall, upon acceptance of the Goods and signature on the delivery company's (courier's) device or on the un-annotated paper delivery note, be deemed to have delivered the Goods in undamaged packaging unless otherwise stated.
4.9. The Buyer shall, within 1 (one) day of delivery of the Goods, inspect the quantity, quality, fittings and assembly of the Goods, notifying the Company in the event of any discrepancies. If the Buyer fails to comply with this obligation within the specified period and fails to submit a claim to the Company, it shall be presumed that the quantity, quality, accessories and assembly of the Goods comply with the terms of the order (contract). The Buyer shall also be obliged to inspect the Goods immediately upon receipt and notify the Company if the Goods are not delivered with such accessories and instructions as the Buyer may reasonably expect.
4.10. Where an order provides for delivery to a particular address, delivery and handover of the Goods at the address specified by the Buyer shall be deemed to have been made to the Buyer, whether or not the Goods are actually accepted by the Buyer or by any third party who accepts the Goods at the address specified.
4.11. If the Company is unable to supply the Buyer with the Goods ordered, the Company shall be entitled, with the Buyer's consent, to supply the Buyer with other Goods at an equivalent price, failing which the Buyer shall be refunded the money paid for the Goods not supplied. The Company reserves the right to unilaterally withdraw from the contract for the purchase of the Goods due to unavailability of the Goods by refunding the monies received from the Buyer. The Company shall send notice of cancellation to the e-mail address provided by the Buyer.
4.12. The Company shall be entitled not to deliver the Goods (including by cancelling the order and any invoices issued) if the Buyer has not made full payment for the Goods and/or their delivery. Delivery of the Goods before payment is made shall not relieve the Buyer of its obligation to pay.
4.13. The Company may refuse delivery of the Goods and unilaterally withdraw from the contract for the purchase of the Goods if delivery of the Goods is impossible or difficult for any external reason, including the location of the delivery address in war or sensitive areas, certain transport, movement, customs or delivery restrictions, state of emergency, natural disaster, epidemic or pandemic, or other force majeure circumstances or regulatory provisions.
4.14. If the Buyer is not present at the address given by the Buyer or the Buyer is not present at the time notified to the Buyer or the Buyer fails to collect the Goods at the time and/or place notified to it, the Company and the delivery company (courier) shall not be liable for non-receipt, non-withdrawal and/or delay in collection of the Goods and in such event the money paid for the Goods and their delivery shall not be refunded to the Buyer. If the Buyer wishes to have the Goods re-delivered, this shall be provided at an additional cost in accordance with the price list on the Online Store.
4.15. The Company shall not be liable for any delay and/or inaccuracy of the delivery company (courier) and/or delivery-related services selected by the Customer.
4.16. The Company shall not be responsible or liable for any delay in the delivery of the Goods where the Company has dispatched the Goods in a timely manner (including where the delay is due to customs clearance, international carriage, etc.).
4.17. The risk of accidental loss or damage to the Goods shall pass to the Buyer upon receipt of the Goods by the Buyer or a third party other than the carrier (delivery company, courier) nominated by the Buyer. If the Buyer chooses the delivery company (carrier, courier), the risk specified in this clause shall pass to the Buyer when the Goods are handed over to the delivery company.
5. Other terms relating to the purchase of goods
5.1. Email correspondence between the Parties regarding the availability, reservation or terms of purchase of the Goods shall not be deemed to constitute an agreement between the Parties with respect to the purchase, price, etc. of the Goods.
5.2. Unless the Online Store expressly states to the contrary, it is not acceptable for the Company to provide for the acceptance of orders on social networking and similar online communication platforms, nor is it acceptable for such other (excepted Online Stores) additional means of online communication to guarantee the preservation of written communications (including the date and time thereof) in a permanent medium.
5.3. If the Goods are received at the Company's point of sale, payment for them being made on or after receipt, the Customer shall not be entitled to exercise any right of withdrawal as the purchase of the Goods is made in person and the Customer shall be entitled to inspect the selected Goods and their characteristics before making the purchase and paying for them.
5.4. If the Goods are to be collected from the Company's outlet and the Buyer fails to collect the Goods within the booked time period, the Company shall be entitled to cancel the order and refund the amount paid by the Buyer.
5.5. The Company may refuse delivery of the Goods and unilaterally withdraw from the Contract for the purchase of the Goods without refunding any monies received if the Buyer is subject to any sanctions (national, United Nations or European Union or other international organisation of which Latvia is a member) or if delivery of the Goods to the Buyer would in any way breach such sanctions and restrictions.
5.6. The Buyer independently undertakes the obligation to pay any taxes and duties and to arrange for any customs formalities, purchase or import permits, if any, required for delivery of the Goods to the address specified by the Buyer. The Company shall not be liable for the payment of any additional charges or formalities.
5.7. The Company accepts no responsibility for compliance with local requirements or regulations in the case of international delivery of the Goods.
5.8. The Buyer and any user of the Online Store shall not take any action which would be prejudicial to the security of the system or interfere with the operation of the IT systems and the Online Store. In the event of any infringement, the Company reserves the right to unilaterally suspend the sale of the Goods or cancel any orders placed.
5.9. If the Company is obliged under the Conditions to refund to the Buyer the amount of money paid by the Buyer for the Goods and their delivery, the Company shall refund such amount to the Buyer by the same method of payment used by the Buyer when purchasing the Goods, unless the Buyer has expressly agreed to a different method of payment and the Company agrees to use a different method of payment or different payment details.
5.10. The Buyer confirms that it is a natural or legal person with legal capacity and that it has the right to purchase Goods from this Online Store.
6. Quality of Goods and Commercial Warranty
6.1. The manufacturer of the Goods is stated on the packaging of the Goods.
6.2. The Buyer is responsible for maintaining the quality and safety of the Goods after receipt.
6.3. The Buyer is obliged to read the labelling and/or information on the packaging of the Goods and/or the instructions for use before using the Goods.
6.4. The Buyer is responsible for ensuring that the Goods are not used by persons who, by reason of age, physical characteristics or otherwise, may be harmed by the Goods or who are restricted from obtaining or using the Goods.
6.5. The statutory liability for the conformity of the Goods with the terms of the Contract shall apply only to Buyers who are consumers (natural persons who wish to purchase, purchase or are likely to purchase or use the Goods for a purpose other than in connection with their business or profession).
6.6. The Consumer shall have the right to make a claim against the Company for non-conformity of the Goods with the terms of the Contract within 2 (two) years from the date of delivery of the Goods. The Consumer shall submit the claim to the Company within two months from the date of discovering the non-conformity of the Goods with the terms of the Contract. The date of delivery of the Goods shall be deemed to be the date on which the Goods are delivered to the Consumer (the date on which they are received from the Supplier), unless another date is justified.
6.7. A commercial guarantee shall only be deemed to be an express indication that the Goods in question are covered by a guarantee (commercial guarantee) with specific terms. A general description of the Goods or general information about the type and characteristics of the Goods concerned shall not constitute the terms of a commercial guarantee.
6.8. When the Goods are delivered to the Company for repair under a commercial guarantee (if provided by the manufacturer) or for the purpose of repair necessary for the Goods to comply with the terms of the Contract, they must be delivered by the Buyer to the Company independently (unless the applicable laws and regulations or the representations made do not impose a delivery obligation on the Company) and the Goods must be clean and in complete working order.
6.9. If the Consumer fails to comply with any of the manufacturer's instructions, the Consumer shall lose the right to exercise the right of withdrawal and/or to claim for non-conformity of the Goods with the terms of the Contract.
6.10. When claiming for non-conformity of the Goods with the terms of the Contract, the Consumer shall attach a copy of the document evidencing the transaction to the claim.
6.11. Liability for non-conformity of the Goods with the terms of the contract shall not apply if the damage to the Goods is caused by the Consumer's own fault and/or the Goods are subject to natural wear and tear and/or the Goods have been used for unintended purposes and/or the Goods have been damaged by external circumstances and/or the Goods have been improperly or inadequately stored and/or the Goods have been used in a business (professional) activity.
7. Right of withdrawal
7.1. The right of withdrawal may be exercised only by Buyers who are consumers (natural persons who express a desire to purchase, acquire or could acquire or use the Goods or services for a purpose that is not related to their economic or professional activities). The Consumer may exercise the right of withdrawal and unilaterally withdraw from the purchase contract within 14 days from the date of receipt of the Goods (part of the Goods) (by notifying the Company thereof).
7.2. In order for the Consumer to exercise the right of withdrawal, the Goods must be unused, undamaged and in their original appearance (undamaged labels, protective films, packaging, etc.). The Consumer, exercising the right of withdrawal, is responsible for any decrease in the value of the Goods if the Goods have been used in a manner that is incompatible with the principle of good faith, including for a purpose other than to determine the properties or operation of the Goods.
7.3. The use of the Goods for the purpose of ascertaining and checking their properties and type shall be carried out only to the extent that it would be possible to do so in the store, otherwise the right of withdrawal shall not be possible.
7.4. The right of withdrawal shall not be exercised in cases where it is provided for by regulatory enactments, including, but not limited to, when the Goods are manufactured according to the consumer's instructions; The Goods are clearly personalized; the consumer has opened the packaging of the Goods, which cannot be returned for health and hygiene reasons; The price of the Goods depends on fluctuations in the financial market, which the Company cannot control and which may occur during the period of the right of withdrawal.
7.5. If the consumer wishes 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, consumer's contact information, the name of the purchased Goods, the purchase price of the Goods and delivery costs, the consumer's bank account number, a notice of withdrawal from the Goods purchase agreement. The consumer is also obliged to attach a document confirming the purchase.
7.6. The Consumer is obliged to deliver the Goods to the Company within 14 days after sending the written refusal (if the Consumer has received the Goods). The Company has the right not to refund the Consumer the amount of money paid for the Goods until the Consumer has delivered the Goods to the Company. If the Consumer fails to comply with the deadline for returning the Goods specified in this clause, the right of withdrawal is lost.
7.7. The Goods must be returned with all (undamaged) packaging. If the Consumer fails to ensure the condition of the Goods specified in this clause, the right of withdrawal is lost. The Goods must be returned by post or delivery to the address specified by the Company and the return shipping costs are covered by the Buyer (consumer).
7.8. In the event of withdrawal, the Company shall refund the money paid for the Goods subject to withdrawal no later than 14 days from the date of notification of the exercise of the right of withdrawal, receipt of the Goods and other necessary information. The Company does not reimburse the costs (that part) of the delivery of the Goods that are higher than the standard cheapest method of receipt, as well as in the event that the Buyer has provided the receipt/delivery of the Goods himself.
8. The warranty conditions are not valid in the following cases:
- An attempt was made to eliminate the damage on his own;
- The damage was caused by an act of nature (flood, storm, lightning strike, fire, earthquake);
- The damage was caused by a foreign object, liquids, insects or rodents entering the product;
- Non-standard power supplies, accessories and spare parts, as well as raw materials, were used for the product, if this caused damage to the product;
- Damage caused by the supply voltage not complying with the standards set by the manufacturer, due to rapid temperature fluctuations, as well as due to other household and external factors;
- If the Buyer does not perform regular maintenance of the product.
9. Dispute Resolution
9.1. Dispute Resolution - Please submit a complaint about services and the purchase of Goods electronically by sending it to the Company's e-mail address or the Company's postal address specified in the Terms. The complaint will be reviewed within 30 business days from the date of receipt of the complaint, with a response sent to the contact address specified in the complaint.
9.2. If the complaint is recognized as unfounded and the Buyer, who is a consumer, does not agree with the recognition of the complaint as unfounded, the consumer has the right to use the alternative dispute resolution options specified in regulatory enactments by submitting a written application for out-of-court dispute resolution, indicating:
- name, surname, contact information;
- date of submission of the application;
- the nature of the dispute, claims and their justification.
9.3. Information on out-of-court dispute resolution options and out-of-court dispute resolution providers:
Out-of-court dispute resolution provider database:
10. Privacy and data protection
10.1. All personal data of the Buyer entered in the Online 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 appropriate protection. The Company does not use or share the information obtained that the Buyer provides online without a legal basis.
10.2. The Buyer is obliged to familiarize himself with the information specified in the Online Store regarding the processing of personal data by the Company (privacy policy) before purchasing the Goods. By using the Online Store, the Buyer confirms that he has familiarized himself with the information provided by the Company regarding the processing of personal data.
10.3. The controller of the Buyers' personal data processing is the Company.
10.4. The main purposes of processing the Buyer's personal data are to conclude and execute the Terms (contract) (including, identifying the Buyer, processing and receiving orders for Goods, sale and delivery, ensuring the functionality of users registered on the Website), to fulfill the requirements of the law (including, preparing accounting documents, including invoices, repaying amounts due, administering financial and other obligations), as well as to exercise and defend its legal rights. Upon receipt of the consent of a separate data subject, the purpose of data processing may also be sending commercial mailings.
10.5. In certain cases (for Buyers and potential customers who are legal entities or upon receipt of the consent of natural persons (data subjects)), the Company may inform Buyers by e-mail about various current events related to the Online Store and the Company, and the offer of Goods.
10.6. In cases where, during the use of the Online Store, the Buyer provides the Company with data of other natural persons (for example, about the person who will receive the Product or about representatives of a legal entity), the Buyer is responsible for ensuring that this data is provided to the Company legally and that the Company may use it for the intended purposes.
10.7. The Company may process the personal data of the Online Store users in an aggregated form for statistical purposes in order to analyze and improve the services and products provided.
10.8. For more information about the data processing conditions and the Company's privacy policy, click here.
11. Final Provisions
11.1. If the Buyer fails to comply or improperly complies with the Terms, violates the requirements of regulatory enactments, has caused losses or damage to the Company or third parties, then the Company has the right to refuse to deliver the Goods to the Buyer, deny access to the Online Store, as well as unilaterally cancel orders (terminating the Goods purchase agreements).
11.2. All intellectual property rights in relation to the Online Store and the content placed therein and the Company's trademarks and trade names belong exclusively to the Company, or to the indicated cooperation partners, or manufacturers (distributors). Without express written permission, the use of trademarks or other intellectual property owned by the Company in any way, regardless of the purpose, is not permitted.
11.3. The Company is not responsible for the content of other websites to which or from which the Online Store links lead. The links placed in the Online Store are provided solely for convenience.
11.4. The user of the Online Store agrees that, in accordance with the laws applicable to all parties, the parties shall not be liable in any way (whether under contract, negligence or otherwise) for any interruption or technical error that may occur to the Buyer when using this Online Store.
11.5. The Company does not guarantee uninterrupted and error-free operation of the Online 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 liable for damage caused by the use of the Online Store, unless otherwise provided for by mandatory applicable laws.
11.6. If for any reason any provision of the Terms is not applicable, has become illegal or unenforceable, this shall not affect the validity and applicability of the remaining Terms. If the mandatory applicable law provides for more favorable terms for the Buyer, who is a consumer, than those provided for in the Terms, then the Parties shall be guided by the relevant laws in the relevant matters.
11.7. The Company has the right to amend or supplement these Terms at any time. The amended Terms shall enter into force immediately and shall apply to all purchases of Goods made after the new version of the Terms has been posted on the Online Store.
11.8. The Company is entitled to transfer the rights and obligations arising from the Terms to a third party.
11.9. The Terms and the Distance Purchase Agreement for Goods 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 Purchase Agreement for Goods is the Republic of Latvia. Even if the delivery of Goods is provided for and is implemented with the help of delivery companies, this does not change the subordination of these Terms to the laws of the Republic of Latvia.
11.10. All disputes arising between the Buyer and the Company shall be resolved in accordance with the Terms and the regulatory enactments of the Republic of Latvia. If the court has jurisdiction to consider the dispute, the dispute shall be resolved in a court of the Republic of Latvia.
11.11. These Terms do not limit the Buyer's right to address the competent state authorities for the protection of their rights.
11.12. The Company is not responsible for delays in the fulfillment of obligations or their non-fulfillment, or other non-performance, caused by circumstances and obstacles beyond the reasonable control of the Company, including, but not limited to, strikes, government orders, military conflicts, hostilities or a state of national emergency, terrorist threats or acts of terrorism, environmental or climatic anomalies, disease-restricting measures, epidemics or pandemics, delays in international deliveries of goods and their components, failure of obligations by third parties, disruptions in the Internet connection, as well as computer equipment and software failures. In the event of such force majeure circumstances, the Company will try to eliminate the delays as soon as possible.
11.13. By purchasing or placing an order for Goods in the Online Store, the Buyer confirms that he/she has read these Terms and Conditions, that the Buyer is aware of them, understands them and fully agrees with them. The Buyer undertakes to read the Terms and Conditions (their current version) each time the Product is purchased. The Buyer is not entitled to order a product in the Online Store if he/she has not read the Terms and Conditions or does not agree with them.