Terms and Conditions for the Online shopping (hereinafter – Terms)
General Terms and Conditions
1. Definitions used:
1.1. Seller – owner of the online shopping website www.nelleulla.com (hereinafter – Online Store) and related rights SIA Premium Chocolate, reg No. 40103610680, legal address: Šampētera iela 2, Rīga, LV-1046, mailing address: Šampētera iela 2, Rīga, LV-1046, which within the framework of its economic activity and in compliance with this Distance Contract (hereinafter – Agreement), shall offer and sell goods to the Buyer;
1.2. Buyer – a private person who is placing an order with the Online Store. A buyer confirms that they are a capacitated person, that is – a person of full legal age and whose activity is not restricted by the court decision.
2. These Terms are applied for any purchase made at the Store. The Purchase shall be deemed to have been concluded as soon as the Buyer has placed an order and paid for the goods under these terms and conditions.
3. Seller shall be entitled to amend and supplement provisions of these Terms unilaterally. When shopping at the Online Store the Buyer shall be subject to provisions of the Terms effective upon the placement of order.
4. Immediately upon the Buyer placing the order, these Terms become the Terms and Conditions for the Distance Contract (hereinafter – Agreement) signed between the Seller and the Buyer, being a biding legal document for both Parties. The Agreement shall be deemed to have been concluded as soon as the Buyer has placed an order with the Store and paid for the goods under terms and conditions of present Agreement and received an email Order and Payment confirmation.
5. Seller shall be entitled to limit services of the Online Store used by the Buyer or annul Buyer’s registration without notice, should the Seller believe that by using the Online Store the Buyer may or shall violate the terms and conditions of present Contract, try to harm the Seller, operation or safety of the Online Store or any third parties.
6. By placing an order the Buyer shall confirm that s/he has read the Agreement and its terms and conditions, s/he is aware of them, s/he understands and agrees to them fully.
7. Buyer undertakes to read the terms of Agreement each time s/he is shopping. Buyer shall not be entitled to order goods from the Online Store unless the Buyer has read the terms of Agreement and s/he agrees to them.
8. Seller does not undertake any risk and responsibility, and is free of such, in cases when the Buyer has only partially been aware of or has not read the Terms, although having this opportunity.
9. Taking into account the technical restrictions of the Store system, Seller is entitled to limit the number of the registered Buyers.
10. With significant or force major conditions in place, the Seller is entitled to temporarily or fully terminate the activity of the Store, without any notice sent to the Buyer.
11. In order to use services of the Online Store and buy goods offered there the Buyer should provide personal data: name, surname, and email address, postal address for delivery of goods, telephone number and any other essential information for delivering the goods.
12. Seller is entitled to create Buyers data base at their own discretion. Buyer at their own discretion is entitled to register and create a personal account at the Store by entering the data mentioned in Article 11 and providing registration password.
13. After entering the password and registration the Buyer undertakes to ensure that the password shall not be disclosed to third parties. Buyer shall be responsible for all of its actions at the Online Store after signing in with his/her password. In the event that a third party is using services supplied by the Online Store using Buyer’s access data, the Seller shall regard the third party as the Buyer. In the event that Buyer loses access data, s/he shall immediately notify the Seller thereof over the phone or by email specified on the Online Store’s website.
14. Buyer is responsible for the accuracy of the data provided upon registration. In case the information has changed, the Buyer shall immediately update the information on their registration. The Seller is not responsible for any losses created for the Buyer or any third party due to the incorrect or partial information submitted to the Store (or in case the Buyer has not updated the information of the data base).
15. Buyer is entitled at any time to change, update or annul their registration. If the Buyer has annulled the registration, they are still entitled to shop at the online Store.
16. Upon registration the Buyer may specify whether s/he wants to receive information or other offers suitable for the Buyer from the Seller or its partners, thus agreeing to receive such information or offers. In the event that the Buyer does not want to receive them and s/he has confirmed it properly, the Seller shall not send ads and newsletters to the Buyer other than those required to carry out Buyer’s order.
17. By giving information about themselves, the Buyer shall authorize the Seller as personal data keeper to select, store, systemize and use all the information and data given by the Buyer directly or indirectly when using services of the Online Store.
18. Personal data given by the Buyer shall be processed in compliance with laws and regulations of the Republic of Latvia which regulate processing and protection of personal data of individuals. For the purpose of processing and storing Buyer’s personal data the Seller shall use organizational and technical means which shall ensure protection of personal data from accidental disclosure, alteration or otherwise illegal data processing.
19. Buyer’s personal data shall be used to identify the Buyer and receiver of Goods in the course of sale and delivery of goods, preparation of accounting documents, repayment of surplus payment and money for the goods returned by the Buyer, administration of debt obligations, fulfilment of other obligations arising from the Agreement as well as provision of the possibility to the Buyer to use other services of the Online Store. Buyer’s personal data may be processed for the purposes of direct marketing only upon Buyer’s consent.
20. Seller is entitled to use indirect information on Buyer, e.g. information on Buyer’s shopping activity, for the purposes of creating statistical reports. This data shall be collected and applied in the way that it does not disclose the identity of the Buyer, and shall not disclose any other personal information that can be used to identify the person.
21. Personal data given by the Buyer shall be used only by the Seller and the partners Seller cooperates with in the course of administration of the Online Store, delivery of goods and other services related to carrying out Buyer’s order. Seller pledges that it shall not disclose Buyer’s personal data to third parties except for the cases provided for in the legislation of the Republic of Latvia.
22. Buyer’s personal data shall not be stored longer that required for the respective purposes of data processing.
23. By submitting respective inquiry to the Seller, the Buyer is entitled to learn about the personal data processed by the Seller and the ways this data has been processed, to require the amendment of incorrect, incomplete or imprecise information and to mandate the termination of data processing (except for its storage) if they feel that mentioned processing is violating laws or terms and conditions of the present Agreement.
Price of Goods and Order of Payment
24. Price of goods in the order placed with the Online Store shall be displayed in euro (EUR) including VAT.
25. Goods shall be sold to the Buyer for the price effective upon placement of order with the Online Store.
26. Buyer shall pay for goods upon placement of order using one of the payment options offered by the Online Store.
27. Buyer shall receive an online banking payment document in compliance with the order placed by the Buyer.
28. All responsibility for data protection and payment processing is placed upon First Data or corresponding bank system used by Buyer.
29. Buyer shall pay for the goods upon placement of order and not later than 1 hour after placing an order. The order shall be carried out and delivery deadline shall be set only upon receiving payment for goods and delivery. Payment shall be deemed to have been made upon receiving the payment in Seller’s bank account specified in terms of payment. Price of goods and delivery shall include VAT.
30. In case the Buyer has not paid for the goods and delivery within the deadline of 1 hour provided by the terms and conditions of present Agreement, the Seller is entitled to annul the order without giving any notice to the Buyer.
31. Upon the conclusion of payment, an Invoice shall be sent to the email address provided by the Buyer. An Invoice will include information on the type, quantity, discounts applied and the total price of ordered goods, including all taxes and delivery costs.
32. Seller is entitled at their own discretion to set the minimal size of the shopping basket, e.g. the minimal amount for the purchased goods that allows processing the order placed by the Buyer. Buyer is informed on the minimal purchase amount upon placement of order.
Packaging and Delivery of Goods
33. Goods shall be delivered only within the territory specified by the Seller. Seller shall confirm the order only in the event that the delivery address specified by the Buyer is within the specified territory. Seller shall deliver goods using own resources or via courier assigned by the Seller.
34. Buyer shall cover the costs of delivery identified at time of placing the order. Delivery costs are fixed according the delivery address.
35. All goods ordered by the Buyer are packaged at Seller’s business address.
36. Seller shall take care of carrying out the Buyer’s order fully; however, Seller cannot guarantee it. In the event that the store is out of the goods ordered or does not have them in sufficient quantity, the Seller shall be entitled to amend the Order (hereinafter – Amended Order) and decide to cancel delivery of goods, deliver smaller quantity of goods or deliver alternate goods, notifying Buyer in advance via phone number or email address provided by the Buyer. The Amended Order shall be processed only after receiving written email confirmation by the Buyer.
37. If Buyer does not agree with the Amended Order, money for the Buyer’s ordered and Seller’s not delivered goods shall be transferred back to the Buyer’s provided bank account within 10 working days since the moment of cancelling the Amended Order.
38. In cases when Buyer does not respond to Seller’s offer for the Amended Order or the Seller cannot get in touch with the Buyer via provided phone number and email address for the period of 24 hours since the moment of receiving the order, the Seller is entitled to decide not take the order and transfer the money back to the Buyer’s provided bank account within twenty working days after the end of 24 hour period.
39. Seller shall deliver goods to the address specified by the Buyer. The Buyer should personally receive the goods. In case when the goods shall be received by the third party, rather than the Buyer, this shall be stated in the order providing the name and surname of the recipient.
40. In the event when the Buyer or their assigned recipient shall not be present by the address provided in the order, the Seller is entitled to deliver the goods to any other person of full legal age present at the venue, and the Buyer has no right to raise any complaints to the Seller regarding delivery of goods to the unconcerted person.
41. Should delivery of goods be rendered impossible due to Buyer’s fault or due to circumstances which depend on the Buyer (Buyer has specified a wrong address, Buyer or person specified in the order is not at the specified address, the address specified is not accessible and other objective reasons), the goods shall not be delivered repeatedly and payment for goods shall be paid back except for payment for delivery. In the event that during placement of order the Buyer is given a delivery discount but delivery is not possible due to reasons beyond Seller’s control, Seller reserves the right to deduct full payment for delivery from the sum due to be paid back to the Buyer (in accordance with amount in force upon the placement of order).
42. Seller shall deliver goods to the Buyer within the deadline during 7 working days from the moment of placing the order. Buyer shall agree that in the event that delivery of goods might be delayed due to unforeseen circumstances and those beyond Seller’s control, Seller may contact the Buyer and agree on another time of delivery.
43. In the event that delivery of goods to the Buyer is delayed or goods are not delivered at all due to Buyer’s fault or due to circumstances which depend on the Buyer, the Seller shall not be liable for violating the delivery deadline.
44. A the time of delivery, the Buyer together with Seller’s representative (assigned staff member or courier) shall verify the state of the goods and compliance of the goods delivered to the type and quantity of goods specified in the order.
45. In the event that Buyer detects damage to the packaging (torn packaging sticker, damaged package or other external damage) at the time of delivery, the Buyer shall specify it in Seller’s copy of the delivery document – waybill. Otherwise the delivery shall be deemed to have been made within the deadline and without any damage.
46. In the event that Buyer detects that the delivery does not contain the type and quantity of goods corresponding to the order, and this is not specified in the delivery document, the Buyer shall specify it in Seller’s copy of the delivery document – waybill. Otherwise the delivery shall be deemed to have been made according to the order.
Quality of Goods
47. Seller shall not be responsible for consequences in the event that the picture of goods at the Online Store displayed on the Buyer’s computer screen differs from the appearance of goods (colour, shape and other parameters) in nature due to the specifics of Buyer’s computer or monitor.
48. Seller is obliged to specify the expiry date on the packaging of each item. If one packaging unit includes goods with different expiry dates, the Seller is obliged to specify the shortest one.
49. The delivery of the goods shall be executed in the way that the Buyer has the opportunity to use the goods before the expiry date has run out.
Right of Withdrawal and Returning Goods
50. In the event when Buyer is a consumer within the meaning of Law on Protection of Consumer’s Rights (private person who wishes to purchase, has purchased or has rights to purchase and use goods or services for the purpose that is not related to their economic or professional activity), Buyer may exercise the right of withdrawal and withdraw from the purchase agreement unilaterally within 14 calendar days of the delivery of respective goods. Buyer shall not be entitled to exercise the right of withdrawal in the following cases:
50.1. goods due to their nature cannot be returned, or they are perishable or can be used fast;
50.2. goods are food items or are meant for instant use in the household;
50.3. goods have been damaged after delivery;
50.4. other cases provided for by the law.
51. In order to exercise the right of withdrawal the Buyer shall submit an application for return of goods sent electronically by the Seller upon the request from the Buyer. Buyer is obliged to specify all the required data. Buyer shall send the signed application to Seller’s business address.
52. Seller shall verify the circumstances specified in the application within 10 working days since it has been received. In the event when the application is found unsubstantiated, the Seller shall contact the Buyer via phone number or email address provided in the application.
53. In the event of exercising the right of withdrawal the Buyer shall within 14 days of the receipt of goods deliver goods to the Seller to the business address, having agreed the time of return in advance via Seller’s phone number or email address firstname.lastname@example.org. The time is deemed to have been agreed after it has been confirmed by the Seller.
54. The Seller shall pay the price of goods the Buyer has paid back to the Seller by exercising the right of withdrawal back to the Buyer under the procedure laid down in this Agreement within 20 days of the receipt of goods.
55. Should the Buyer return goods to the Seller exercising the right of withdrawal, delivery cost shall not be paid back to the Buyer.
56. In the event that goods returned, except those that do not correspond to the terms of Agreement, costs of returning goods shall be covered by the Buyer.
57. Buyer shall be responsible for maintaining the quality and safety of goods within the term of the right of withdrawal. Buyer shall be responsible for any decrease in the value of goods, should the goods be used in a way inconsistent with the principle of good faith, int. al., used for purposes other than determining a feature or performance of the goods. Goods should be undamaged, with the same appearance (labels have not been removed and damaged, protective films have not been torn off etc.) and unused. Goods should be returned in original packaging, assembled the same way as received and along with the delivery document as well as instructions for use and other accessories. In the event that goods are not fully assembled, damaged, untidy or packaged inappropriately the Seller shall be entitled to refuse the goods and refuse to pay back the money paid for the goods by the Buyer.
58. In the event that delivery of goods to the Buyer is delayed or goods are not delivered at all due to Buyer’s fault or due to circumstances which depend on the Buyer, the Seller shall not be liable for violating the delivery deadline.
59. In the event that access to the Online Store, registration at the Online Store or order placement with the Online Store is rendered impossible or is interrupted due to technical reasons or reasons beyond Seller’s control, the Seller shall not be liable for any losses to the Buyer or any third parties.
60. Seller shall send any information or contact the Buyer via email address and/or telephone number provided by the Buyer upon the registration.
61. Buyer shall send all announcements and questions via telephone number provided by the Seller or via email address email@example.com or other specified links and addresses in „Contacts” section.
62. Mutual relationships between the Buyer and the Seller are handled by the present Agreement and the Laws of the Republic of Latvia.
63. In the event of losses, the responsible party is obliged to reimburse any direct losses caused to the other party in compliance with the law of the Republic of Latvia.
64. The Seller undertakes the responsibility to settle all disagreements via negotiation method. In the event when disagreement cannot be settled via negotiation, the disagreement is settled in compliance with the guidelines specified by the law of the Republic of Latvia.