WESTLAKE SIA1. General Provisions
1.1. These Terms of Purchase along with the documents indicated in these Terms of Purchase are intended to provide information on WESTLAKE SIA ("Seller") and to provide information on the terms of purchase and sale of goods at the online shop ("Terms") to persons indicated in clause 5.1 of the Terms ("Buyer"), who purchase goods ("Goods") from the online shop at walnut.lv
1.3. We encourage the Buyer to print these Terms out for future reference.
1.4. Please be advised that these Terms may be amended as stipulated in section 6 of the Terms. Every time you order Goods, we recommend that you read the Terms once again, so that the Buyer can be sure that they fully understand the conditions under which the order will be made in a particular case. These Terms were last updated on 8 May 2023.
1.5. These Terms and any Contracts between the Seller and the Buyer shall be drawn up and entered into only in the state language.2. Information about the Seller
2.1. These Terms apply to the purchase of Goods in walnut. lv ("online shop"). The Seller is the company WESTLAKE SIA.
2.2. The Seller’s contact details can be found in the section "Contacts".3. Goods
3.1. The images of the products in the online shop are for illustrative purposes only. Although the Seller makes every effort to ensure that the colours of the Goods are displayed as accurately as possible, the Seller cannot guarantee that the Buyer’s device screen will accurately display the colours of the Goods. The Buyer understands that the Goods may insignificantly differ from the images. The images of the Goods displayed in the online shop may also show additional accessories or components of the Goods that are not included in the packaging of the Goods offered (the packaging of the Goods is specified in the section "Information" of the advertisements for the Goods). An item is deemed suitable for offer if it corresponds to the sample, model and/or description presented in the online shop.
3.2. The packaging for transporting the product may differ from the one shown on the images in the online shop. If the packaging of the Goods is changed in order to ensure the proper and safe transportation of the Goods, it does not alter the Goods and/or their features and/or functions as specified in the online shop.
3.3. Unless otherwise stipulated, all Goods offered in the online shop are in stock. If the Goods ordered cannot be sold for the reasons mentioned in clauses 5.10 and 9.5 of the Terms, the Buyer shall be informed without delay by e-mail or other means of communication (telephone or text message) and the order for those Goods shall be cancelled.
3.4. The Seller has the right to set a minimum and/or maximum order quantity for a specific item in a single order.4. Processing of personal data
5.1. The following Customers may purchase Goods in this online shop:
a) individuals who have attained the age of fourteen (14) years;
b) legal entities.
5.2. By agreeing to these Terms, the Buyer confirms that they have the right to purchase the Goods in this online shop.
5.3. The quantity of Goods ordered shall not be less than the minimum amount of the Goods basket, the actual size of which is indicated in the section Delivery and Collection of the Goods.
5.4. The procedure for ordering the Goods specified by the Seller gives the Buyer the opportunity to check and correct errors before submitting the final order. The Buyer is advised to carefully read and check the submitted order at each stage of the order submission process.
5.5. The contract between the Buyer and the Seller shall be deemed concluded from the moment when the Buyer creates a Goods Basket in the online shop, indicates the Buyer’s name, surname (in Latin letters) and delivery address, the exact postal code, selects the payment method and reads these Terms, presses the "Order" button and pays for the order or chooses the payment method specified in subclause b of Clause 10.1 of the Terms. If the Order is not paid for, the contract shall be deemed not concluded. The Seller shall be entitled to contact the Buyer at the telephone number or e-mail address specified in the order on the basis of the concluded contract or to resolve any uncertainties related to performance of the contract.
5.6. When the Buyer places an order and pays for it or selects the method of payment specified in subclause b of Clause 10.1 of the Terms, an e-mail confirming receipt of the order shall be sent to the Buyer.
5.7. When an order is placed, the Seller shall send the Buyer an e-mail and/or text message informing them that the Goods have been sent to the Buyer or are ready for collection at the shop (depending on the selected method of the Goods delivery).
5.8. Each contract (order) concluded between the Buyer and the Seller shall be registered and stored in the database of the online shop.
5.9. When concluding the Contract, the Buyer agrees that at the time of purchase, an electronic VAT invoice with purchase information will be sent to the specified e-mail address. The invoice shall be sent by e-mail on business days within six (6) business days after receipt of the Goods by the Buyer or delivery of the Goods by the Seller to the courier (if the Goods are delivered to the Buyer by courier service). The VAT invoice shall be issued indicating the date of delivery of the Goods to the courier or the date of receipt/delivery of the Goods (depending on the selected method of the Goods delivery and which of the Seller’s suppliers shall deliver the Goods in a particular case).
5.10. If the Seller is unable to sell the Goods, for instance, because the Goods are out of stock, because the Goods are no longer on sale, or because of an error relating to the price quoted in the online shop, as stated in clause 9.5 of the Terms, the Seller shall inform the Buyer by e-mail or other means (telephone or text message) and the order shall be cancelled. If the Buyer has already paid for the Goods, the Seller shall refund the amount paid within 14 (fourteen) calendar days.6. Right to amend the Terms
6.1. The Seller shall be entitled to amend these Terms. The version of the applicable Terms shall apply every time the Goods are ordered for the purpose of concluding an agreement between the Seller and the Buyer. The version of the Terms that existed at the time the Buyer submitted the order and was sent to the Buyer together with the order confirmation is valid for orders placed and not executed before the new Terms came into force.
6.2. Every time the Terms are amended pursuant to Clause 6 herein, the Seller shall inform the Buyer and notify the Buyer thereof, indicating that the Terms have been amended and the date of the amendment will be specified in Clause 1.4 herein.7. Return of high-quality goods and unilateral withdrawal from the Contract, using the consumer’s right of withdrawal
7.1. The Customer, who is a consumer (individual), shall be entitled to exercise the right of withdrawal without giving a reason and to unilaterally withdraw from the Contract by returning the Goods received within the period stipulated in clause 7.3 herein. This provision means that having changed his mind or for other reasons, within a specified period the Buyer shall be entitled to notify the Seller of their wish to return the Goods to the Seller and receive the money paid. The costs of returning the Goods shall be borne by the Buyer.
7.2. The Buyer (consumer) cannot exercise the right of withdrawal and cannot return the Goods in the cases stipulated in Clause 22 of the Cabinet Regulation No. 255 Regulations on distance contracts adopted 20.05.2014, if:
a) the Goods are manufactured in accordance with the Buyer’s instructions or the Goods are clearly personalised (adapted to the Buyer’s personal needs);
b) the Goods are perishable or about to expire;
c) the Buyer has opened the packaging of the Goods, which cannot be returned for health and hygiene reasons;
d) the Goods are irretrievably mixed with other items upon delivery due to their properties;
7.3. The right of the Buyer to unilaterally withdraw from the Contract within 14 days, return the Goods to the Seller and receive money by exercising the right of withdrawal applies only to consumers (individuals) and arises from the date of the Contract, as stipulated in Clause 5 herein. Quality Goods can also be returned during a longer period in certain cases specified by the Seller, when the Seller provides the relevant information about them when selling the Goods.
7.4. The 14-day period for exercising the right of withdrawal is calculated as follows:
a) in case of purchase of the Goods by making a Contract — from the date of receipt of the Goods by the Buyer or a third party, who is not the carrier (courier) and who was designated by the Buyer;
b) If the Buyer has ordered several Goods in the same order, which are delivered separately, the period of exercise of the right of withdrawal shall be counted from the day on which the Buyer or a third party, who is not the carrier and who was designated by the Buyer, has received the last Goods.
c) If the Goods consisting of several consignments or parts are delivered, the period for exercising the right of withdrawal shall be counted from the day on which the Buyer or a third party, who is not the carrier and who was designated by the Buyer, has received the last consignment or part of the Goods.
d) For contracts for regular delivery of the Goods, the period for exercising the right of withdrawal shall be deemed to have started on the day on which the Buyer or a third party, who is not the carrier and who was designated by the Buyer, has received the first Goods.
If the deadline falls on an official state holiday, the right of withdrawal shall be valid until the business day following (including) the date on which the deadline expires.
7.5. In order to exercise the right of withdrawal, the Buyer shall inform the Seller of their decision to withdraw from the Contract by sending or submitting a written notice in no particular form to firstname.lastname@example.org
. Upon receiving the Buyer’s notification electronically, the Seller shall immediately send the Buyer a confirmation of receipt of the notification to the Buyer’s e-mail address.
7.6. The Buyer shall immediately, within fourteen (14) days upon submitting or sending to the Seller a rejection form or notice of exercise of the right of withdrawal, return or deliver the Goods to the Seller’s customer service centres (addresses indicated here) or to a person authorised by the Seller to accept the Goods. The deadline shall be deemed to have been met if the Buyer delivers or sends the Goods to the Seller before the deadline of fourteen (14) days has ended. The Buyer shall cover the costs of returning the Goods.
7.7. The Buyer shall have the right to inspect the Goods to ascertain their properties, characteristics and range of action, but the use of the Goods to ascertain and inspect their properties, characteristics and range of action shall be carried out to the extent that this is possible in the shop.
7.8. The Buyer shall be liable for reduction in value of the Goods or for their unfair use (including but not limited to the cases referred to in Clause 7.9 herein) if the Goods were used for purposes other than to ascertain the characteristics, properties and range of the Goods during the exercise of the right of withdrawal.
7.9. The returned Goods must not be damaged and must not be used without regard to the advice given on the packaging. The Buyer shall endeavour to retain the original packaging, authentic labels and protective bags for the returned Goods. The Goods shall be returned complete with the same accessories that were sold, with instructions and the Goods warranty card if they were delivered with the Goods. The gifts received for the Goods shall also be returned with the Goods.
7.10. The invoice number and order number shall be indicated when returning the Goods. If possible, the Buyer shall enclose an invoice so that the Seller can provide the Buyer with a refund for the purchased Goods as soon as possible.
7.11. All money paid for the Goods, including delivery costs, shall be refunded to the Buyer who returned the Goods. The Seller shall refund the money for the Goods and the delivery costs within fourteen (14) days from the day on which the Seller was informed of the Buyer’s decision to withdraw from the Contract. For current delivery and service charges, see the section Delivery and Collection. If only part of the Goods are returned, delivery costs will only be refunded if a lower rate applies to the remaining Goods of the same order when purchased separately than that which applies when purchased together with the Goods to be returned, and only in an amount equal to the difference of the said rates. If the Buyer has chosen a method of delivery that is not the cheapest standard delivery method offered by the Seller, the Seller shall not be obliged to refund the Buyer for the additional delivery costs.
7.12. The Seller shall transfer the amounts to be refunded to the Buyer’s bank account specified in the notice of withdrawal from the Contract or in the withdrawal form.
7.13. The Seller shall have the right to withhold the refund to the Buyer until the Seller has received the Goods or the Buyer has provided the Seller with confirmation that the Goods have been sent back, whichever occurs first.
7.14. If the Goods have been delivered to the Buyer after withdrawal from the Contract:
a) the Buyer must return the Goods to the Seller immediately;
b) except for the cases related to non-conforming Goods as stipulated in Clause 15.11 herein, the Buyer shall be responsible for covering the costs of returning the Goods to the Seller;
c) the Buyer shall take care of the preservation of the Goods until they are returned to the Seller;
d) The cost of the Goods and the delivery costs shall be refunded to the Buyer in accordance with Clause 7.11 herein.
7.15. In all cases, the Buyer shall have the right arising from the sale of non-conforming Goods as stipulated in the regulatory acts of the Republic of Latvia. The conditions of return stipulated in this Clause 7 or elsewhere in the Terms shall not affect the existence of this right.8. Delivery
8.1. At the Buyer’s request, the Goods shall be delivered by a transport company at the Buyer’s expense. In certain cases specified by the Seller, delivery of the Goods shall be carried out at the Seller’s expense.
8.2. By choosing the home delivery service when placing an order, Buyer shall specify the exact place where the Goods are to be delivered. The exact delivery cost depends on the weight and value of the Goods ordered. For the current delivery rates, see the section Delivery and Collection of Goods.
8.3. Services for unloading and delivery of the Goods shall be ordered separately before making payment for the Goods. The unloading and delivery of the Goods shall be paid for by the Buyer. In cases specified by the Seller, the unloading and delivery of the Goods shall be paid for by the Seller. For current prices for unloading and delivery services, see Delivery and Acceptance of Goods.
8.4. The Buyer’s order shall be fulfilled before the scheduled delivery date specified in the aforesaid clause 5.7 of the Terms, except in cases beyond the Seller’s control (as defined in Clause 17 herein).
8.5. The Goods are usually delivered to the address specified by the Buyer within the times specified in the section Delivery and Acceptance of Goods. The Buyer shall always be informed by email of the estimated delivery time of the Goods.
8.6. If the Buyer has chosen the express delivery service before placing the order but the Goods have not been delivered within the specified time, the Buyer has the right to receive a refund for the paid express delivery service.
8.7. If several items were ordered, they may be delivered at different times as supplied from different warehouses. There is no additional delivery charge in this case. If several Goods are ordered with different delivery times, the total delivery time for the Goods is determined by the longest delivery time.
8.8. Ownership of the Goods shall pass to the Buyer from the moment the courier hands over the Goods to the Buyer. The risk of accidental loss or damage to the Goods passes to the Buyer when the Buyer or a third party, who is not the carrier (courier) and who was designated by the Buyer, receives the Goods. If the carrier of the Goods was chosen by the Buyer and the Seller has not offered this delivery option, the risk referred to in this part shall pass to the Buyer from the time the Goods are handed over to the carrier.
8.9. When the consignment is delivered, the Buyer or a third party designated by the Buyer shall check the packaging of the consignment together with a representative of the transport company. If the Buyer finds out that the consignment is damaged, the Buyer shall:
— indicate this to the courier who delivered the Goods;
— note on the accompanying dispatch document that the packaging is damaged and fill in a damage (inspection) report with the courier;
— inspect the Goods inside the packaging and, if they are damaged, record the damage by taking photographs. Photographs will be required for the procedure for returning the Goods as a result of delivery of non-conforming Goods;
— if the packaging of the Goods is not damaged, there is no need to inspect the Goods in the presence of the courier.
If the Buyer accepts the consignment and signs the documents, the consignment shall be deemed as duly delivered.
8.10. If the consignment package is damaged, the Buyer or a third party designated by the Buyer has the right not to accept the consignment. In this case, a representative of the courier service provider, together with the Buyer or a third party designated by the Buyer, shall fill in a special inspection report submitted by the representative of the courier service provider, indicating the damages detected.
8.11. If the Buyer or a third party designated by the Buyer accepts the consignment and affixes a signature in the data storage device provided by a representative of the courier organisation or on the paper delivery certificate, it is assumed that the Goods are delivered in undamaged packaging, the additional services indicated in the data storage device or on the paper delivery certificate are properly performed, unless otherwise indicated.
8.12. When the Goods are delivered and handed over at the address specified by the Buyer, it is assumed that the Goods have been delivered to the Buyer, regardless of whether the Goods have actually been accepted by the Buyer or any third party who has accepted the Goods at the address specified. If the Goods were not delivered on the scheduled day of the Goods delivery, the Buyer shall notify the Seller immediately, but no later than the next day after the scheduled day of the Goods delivery.
8.13. If the Goods were not accepted by the Buyer, the Buyer shall provide the details of the person accepting the Goods by completing the order delivery information.
8.14. When accepting the Goods, a valid identification document shall be presented in order to properly identify the Buyer. If the Buyer is unable to receive the goods in person but the goods were delivered to the address specified by the Buyer, the Buyer shall not be entitled to claim delivery of the goods to an inappropriate person.
8.15. The Buyer shall check the packaging, quantity, quality, range, accessories and completeness of the Goods within fourteen (14) days of delivery of the Goods. If the Buyer fails to fulfil this obligation and does not file a complaint with the Seller within the specified period, it is assumed that the packaging of the Goods is in proper condition and that the quantity, quality, range, accessories and completeness comply with the provisions of the Contract.
8.16. Ownership of the Goods upon receipt at the Customer Service Centre passes to the Buyer from the moment the Seller hands over the Goods to the Buyer.
8.17. Upon receipt of the Goods in the shop, the Buyer is obliged:
a) to indicate the order number;
b) to present a valid identity document.
8.18. The Goods may be collected by the Buyer only. If the Goods are collected by another person, they must be named as the recipient of the Goods when the Goods are ordered. If the Buyer is a legal entity, the Seller has the right to request a power of attorney to receive the Goods.
8.19. Upon receipt of the Goods, the Buyer or a third party designated by the Buyer shall check the packaging, quantity, quality, range, accessories and completeness of the Goods:
a) if the packaging of the Goods is found to be damaged and the quantity, quality, range, accessories and equipment of the Goods do not correspond the order, the Buyer or a third party designated by the Buyer has the right to refuse to accept the Goods;
b) when the Goods are accepted by the Buyer or a third party designated by the Buyer, the Goods shall be deemed as handed over in the correct packaging, and the quantity, quality, range, accessories and completeness of the Goods comply with the provisions of the Contract.
8.20. Further information related to the delivery of the Goods can be found in the section "Delivery and Receipt of Goods".9. Cost of Goods and Delivery Charges
9.1. The prices of the goods shall be as quoted in the online shop. The Seller shall reasonably ensure that the prices of the Goods are correct at the time the Buyer places the order. If the Seller detects inaccuracies in the prices of the Goods, Clause 9.5 of these Terms shall apply.
9.2. Prices of goods may change, but these changes shall not affect Contracts already concluded.
9.3. The prices of goods are inclusive of VAT (where it applies) to the amount that applies in the Republic of Latvia at the specific time. If the VAT rate changes between the day of order and the day of delivery, the price may change to reflect the change in VAT, unless the Buyer has settled with the Seller in full before the change in VAT rate takes effect. The Seller shall inform the Buyer of such price changes in writing and give the Buyer the opportunity to purchase the Goods at the price adjusted for the changed VAT rate or to cancel the order. The order shall not be executed until the Purchaser’s reply has been received. If the Buyer cannot be contacted according to the contact details provided by the Buyer, it is assumed that the order has been cancelled and the Buyer is informed in writing.
9.4. The price of the goods does not include the costs of preparation, delivery and bringing the goods in. Delivery prices shown in the online shop are subject to change. For the current delivery rates, see the section Delivery and Collection of Goods.
9.5. Considering that the Seller’s online shop offers a very wide range of Goods, despite the Seller’s reasonable efforts, it cannot be excluded that the price of the Goods may be shown incorrectly due to a technical error beyond the Seller’s control. If the Seller discovers that the price of the Goods is incorrect, the Seller shall notify the Buyer by e-mail or other means of communication (telephone or text message) and shall cancel the order. If the Buyer wishes to buy the same Goods at the new, correctly quoted price, they shall reorder them.
On application of reverse VAT
9.6. Goods which are subject to the laws of the Republic of Latvia shall be subject to the reverse VAT procedure. Reverse VAT does not apply if the VAT payer who placed the order makes the payment from an account other than their bank account. No discounts are granted when reverse VAT is applied.10. Payment
10.1. The Buyer may pay for the Goods:
a) in cash or by bank card upon receipt of the goods, according to the terms set out in the section Payment;
b) by bank transfer to the Seller’s account indicated on the VAT prepayment invoice;
c) by payment (credit or debit) card;
d) by direct bank transfer using the services of a partner.
10.2. Legal entities are advised to include the company registration number in the payment order information in order to identify the payment as quickly as possible. This way the order will be approved in the system faster and the order will be executed more quickly.
10.3. Payments will be accepted by third parties which are not party to the Contract concluded between the Buyer and the Seller. Third parties authorised to provide non-cash payment services shall be responsible for processing the Buyer’s data in accordance with the laws and regulations governing the protection of personal data and data security.
10.4. If the Buyer chooses the method of payment specified in clauses c) and e) of Clause 10.1 herein, the Buyer shall confirm the payment order at the Buyer’s bank within 24 (twenty-four) hours of clicking the Order button. Failure to confirm the payment order within the specified period shall entitle the Seller to consider the Buyer to have withdrawn from the contract and to cancel the order.
10.5. The Goods selected by the Buyer are reserved in the Seller’s system and the Seller shall proceed to fulfil the order:
a) when the Seller has received notification from the Buyer’s bank of payment for the selected goods — in case stipulated in clauses b), c) and e) of Clause 10.1 herein;
b) on receipt of confirmation of funding — in case stipulated in clause d) of point 10.1 herein;
c) immediately after execution of the order as stipulated in case referred to in clause (a) of Clause 10.1 herein.
10.6. The online shop does not provide a Tax Free service and does not ship goods outside the EU.11. Obligations of the Buyer
11.1. The Buyer shall provide only truthful and complete information on the purchase form. If the information on the registration form changes, the Buyer shall update it immediately.
11.2. The Buyer shall use the online shop in good faith and in an appropriate manner and shall not cause damage to its operation or stable activities. If the Buyer fails to fulfil this obligation, the Seller shall be entitled to restrict, suspend (terminate) the Buyer’s ability to use the online shop without prior notice, and the Seller shall not be liable for any related loss incurred by the Buyer.
11.3. The Buyer shall pay for the Goods ordered and accept them in accordance with the procedure specified in these Terms.
11.4. Despite the obligations under other clauses of the Terms, the Buyer shall inspect the Goods and ensure that the Goods received are those ordered by the Buyer before using the Goods (including before assembling, installing them, etc.).
11.5. The Buyer shall comply with the other requirements stipulated in these Terms and the regulatory acts of the Republic of Latvia.12. Obligations of the Seller
12.1. The Seller shall:
a) make every effort to ensure that the Buyer can make proper use of the services provided by the online shop;
12.2. The Seller shall comply with all the requirements specified herein.13. Manufacturer’s Warranty
13.1. Individual items sold by the Seller shall be covered by the manufacturer’s warranty.
The warranty on the planting material shall be valid for 3 months after the buyer has received the seedling and shall only apply in case of significant defects.
Which do not constitute significant defects in the goods (planting material):
1. partial and/or temporary loss of ornamental quality, due to plant’s natural reactions to stress/conditions of transport, transplanting, etc. (reduction in annual growth, changes in shoot colouring, temporary loss of turgor, breakage, etc.);
2. minor damage to the shoots or root system of the plants that is unavoidable when digging out for a delivery.
3. Pruning of shoots by the manufacturer for plant formation or for transplanting, transport, storage purposes.
Which constitute significant defects in the goods (planting material):
- complete loss of ornamental value due to mechanical damage to large skeletal branches, trunks caused by the Seller;
- more than 30% of the skeletal branches are shrivelled/decayed/broken;
- clear signs of disease and/or pest damage to the plants leading to or resulting in a complete loss of ornamental value and/or death of the plant, which have occurred before handover of the goods to the buyer and whose features do not allow for their elimination.
If the Buyer files a complaint about goods with material defects after the handover, the Buyer has the burden of proving that the defect (s) were caused by the Seller or by reasons arising before the handover to the Buyer, and not due to improper handling, storage and care of the plants.
The warranty shall provide for free replacement of the live material during the warranty period in case of death, substantial and obvious loss of marketable or decorative appearance, which is solely the fault of the company.
The Customer shall lose the right to warranty on the plants planted if the death or deterioration of the plants is due to untimely or improper care, due to failure to comply with care recommendations, due to intentional or unintentional damage by animals or humans, due to temperatures below the biological winter-hardiness of the plants, or due to any other circumstances of insuperable force.
13.2. The manufacturer’s guarantee shall supplement the Buyer’s rights in respect of defective Goods.
13.3. The manufacturer’s warranty shall only apply if the conditions of use of the Goods have not been violated. Before using the Goods, the Buyer should carefully read the Goods' instructions for use, if available.14. Quality of the Goods
14.1. The Seller guarantees the quality of the Goods (legal quality guarantee). The Seller shall grant a quality guarantee valid for a certain period of time on the various types of Goods, the specific term and other conditions of which are specified in the documents that are provided with the Goods.
14.2. The photographs of the Goods are for illustrative purposes only, the original products may differ from the ones shown. The photographs of the Goods posted cannot serve as a basis for claims. An item is deemed appropriate if it corresponds to the sample, model or description presented in the online shop.
14.3. The warranty provided by the Seller shall not limit the rights of the Buyer, which in case of purchase of goods of inadequate quality are determined by the regulatory acts of the Republic of Latvia.15. The Buyer’s warranty and rights in case of non-conformity of the Goods
15.1. Defects of the Goods shall be eliminated, as well as non-compliant Goods shall be replaced or returned in accordance with the procedure established by these Terms and subject to the requirements of the applicable regulatory acts of the Republic of Latvia.
15.2. The Buyer wishing to complain about defective or incomplete Goods may do so by sending an e-mail to email@example.com
, returning possibly inadequate Goods, provided that
15.2.1. purchased goods can be returned to the customer service centre at: Bukmeki, Rendas pagasts, Kuldīgas rajons, LV-3319
15.3. When submitting a complaint, the Buyer shall provide the following information:
a) invoice number and Goods order number. If possible, the Buyer shall enclose an invoice so that the Seller can deal with the Buyer’s complaint as soon as possible.
b) indicate the defect, signs of damage or missing part of the Goods;
c) shall provide other evidence, such as a photograph of the Goods, a photograph of the defective place (if it is a mechanical damage and a photograph can be taken), a photograph of the packaging of the Goods, etc.
15.4. When submitting a complaint, the Buyer shall specify one of the ways in which the Buyer wishes the complaint to be resolved:
wishes to settle the claim:
a) the Seller shall remedy non-conformity of the Goods without compensation — defects if the defects can be remedied in accordance with the terms of the warranty within a reasonable period of time;
b) reduce the price accordingly, taking into account wear and tear on the Goods or the benefit derived by the Buyer from the use of the Goods, when agreed between the Seller and the Buyer;
c) replace the Goods free of charge with similar Goods of similar quality within a reasonable time, unless the defects are minor/insignificant, or are the fault of the Buyer;
d) terminate the Contract and refund to the Buyer the amount paid for the Goods, unless the non-conformity of the Goods is insignificant and cannot materially affect the Buyer’s ability to use the Goods. Non-conformity of the Goods shall be deemed as minor if it does not significantly reduce the quality of the performance of the essential functions of the Goods or the properties of their use, and can be remedied without causing a visually noticeable change in the appearance of the Goods.
15.5. When a complaint is considered, a response shall be provided within fifteen (15) days upon receipt of the complaint. If it is not possible to respond to the Buyer’s complaint within the specified period for objective reasons, the Seller shall promptly inform the Buyer in writing, indicating a reasonable period within which to respond and justifying the need for an extension of the response period.
15.6. The Customer can also enquire about warranty issues by calling +371 26 536 297 or writing to firstname.lastname@example.org
15.7. The Goods that may not be of suitable quality shall first be delivered to the Seller’s warranty service centres (see contacts here). The Buyer’s request for Goods of non-conforming quality may be fulfilled only if it is established that the Goods are of non-conforming quality.
15.8. If the Buyer (consumer) finds the Goods to be of inadequate quality and wishes to return them, the Seller shall return the Goods to the Buyer, reimbursing the Buyer (consumer) for the costs of returning the Goods. If the Buyer chooses a method of returning the Goods that differs from the method of return offered by the Seller, resulting in disproportionate and higher costs, the Seller shall not be obliged to cover such costs of returning the Goods.
15.9. Bulky goods and goods heavier than 10 kilograms that do not comply with the terms of the Contract shall be delivered by the Seller at its own expense for the elimination of defects, exchange or withdrawal from the Contract, if the Contract was concluded with a consumer (an individual). If the Seller refuses to deliver the goods, the Buyer (consumer) may deliver the goods themselves or with the help of a third party, but at the expense of the Seller. In this case, the Seller shall reimburse the Buyer (consumer) for the costs of returning the Goods, incurred by the Buyer in relation to the delivery of the Goods to the Seller, within three (3) business days after receipt of a document certifying the costs.16. Liability
16.1. The Buyer shall be responsible for the activities carried out through the online shop, including but not limited to the accuracy of the data provided on the purchase form. The Buyer is responsible for the consequences of errors or inaccuracies in the data provided in the registration form.
16.2. By completing the purchase form of the online shop, the Buyer shall be responsible for storing and/or transferring their data for connection to third parties. If the services provided in the online shop are used by third parties who have connected to the online shop using the Buyer’s connection data, the Seller shall consider such person as the Buyer, and the Buyer shall be responsible for all such third-party activities carried out in the online shop.
16.4. The Buyer shall ensure that the data of the connection to the online shop are stored securely and are not disclosed, and shall ensure that the data are known only to the Buyer and the data are used only by the Buyer, and shall not transmit the data or otherwise enable other persons to obtain and use the data. If it is suspected that the connection data may have become known to another person, the Seller shall be notified immediately, and the Seller shall be immediately informed of the breach or disclosure of the connection data to the online shop. All actions taken while using the Buyer’s identification code shall be deemed as taken by the Buyer and the Buyer shall assume full responsibility for the consequences of such actions.
16.5. The Parties shall be liable for the breach of the Agreement concluded by using the online shop in accordance with the procedure stipulated by the laws of the Republic of Latvia.
16.6. If the Seller breaches the provisions of these Terms, they shall be liable for any damage or loss incurred by the Buyer as a result of the expected consequences of the breach of these Terms. Damage or loss shall be deemed foreseeable if it is an obvious consequence of the Seller’s breach, or if the Seller and the Buyer were aware of such damage or loss at the time of entering into the Contract.
16.7. The Seller delivers the Goods only for household and personal use. The Buyer shall not use the Goods for commercial purposes, for the purpose of doing business activities or for resale, and the Seller shall not be liable for any loss of profit, loss of business activities, commercial losses, disruption or damage arising from lost business opportunities.
16.8. The Seller shall not be liable for the information provided on other websites, even if the Buyers access these websites by using the instructions in the Seller’s online shop.17. Events beyond the Seller’s control
17.1. The Seller shall not be liable for non-performance or late performance of the Contract or any obligations under the Contract if such non-performance or late performance is caused by circumstances of insuperable force.
17.2. In case of circumstances of insuperable force affecting the proper performance of the Seller’s obligations under the Contract, the Seller shall not be liable for the condition of the live material, if there are:
— the effects of sub-zero temperatures below the biological winter-hardiness of plants;
— frost during the plant’s active season;
— other natural and weather-related hazards.
a) The Seller shall immediately inform the Buyer; and
b) The performance of the Seller’s obligations arising from the Contract shall be suspended and the period of performance shall be extended for the duration of the circumstances of insuperable force. If the circumstances of insuperable force affect delivery of the Goods to the Buyer, the Seller shall set a new delivery date after the circumstances of insuperable force end.18. Sending the information
18.1. The term "in writing" as used in the Terms also includes electronic correspondence.
18.2. To contact the Seller in writing or, where the Terms stipulate the Buyer’s obligation to contact the Seller in writing, the Buyer shall send an e-mail to the Seller email@example.com
. The Seller shall inform the Buyer of receipt of the notice by e-mail. In order to exercise the right of withdrawal and cancellation of the Contract, the procedure for contacting the Seller by the Buyer is stipulated in Clause 7 herein.
18.3. The Seller shall send all notices to the Buyer to the e-mail address indicated on the Buyer’s purchase order form.19. Other Provisions
19.1. Any agreement made by the Seller and the Buyer shall be governed by these Terms, together with the documents clearly stipulated herein. Any deviations from these Terms shall only be valid if made in writing.
19.2. The Buyer shall have certain rights in respect of the Goods of improper quality subject to the laws of the Republic of Latvia. Nothing in these Terms shall be interpreted as restricting the exercise of such right.
19.3. The Seller may transfer their rights and obligations in relation to the Contract to a third person or persons, but the transfer of these rights and obligations shall in no way affect the rights of the Buyer and the Seller’s obligations in relation to these Terms. In case of such a transfer, the Seller shall inform the Buyer by posting information about the transfer in the online shop.
19.4. The Buyer may not transfer all or any of the rights or obligations (or part thereof) arising under these Terms to any third party or persons without the written consent of the Seller.
19.5. If any of these Terms is found by a court to be illegal, invalid or unenforceable, the remaining provisions of these Terms shall remain in full force and effect. Any provision of these Terms found to be illegal, invalid or unenforceable only in part or to a certain extent shall remain in force to the extent that it is not found to be illegal, invalid or unenforceable.
19.6. These Terms and the relations between the Parties in connection with these Terms (including the conclusion, validity, application and termination of the Contract) shall be governed by the laws of the Republic of Latvia and shall be explained on the basis of the laws of the Republic of Latvia.
19.7. Any disputes, inconsistencies or claims arising out of or in relation to these Terms, their breach, termination or validity shall be finally settled in accordance with the procedure stipulated in the regulatory acts of the Republic of Latvia.
19.8. Disputes between the Buyer and the Seller shall be resolved by means of mutual negotiation. If the Seller refuses to satisfy the Buyer’s complaint, or if the Buyer does not agree with the solutions offered by the Seller and determines that their rights or interests have been violated, the Buyer may file a complaint with the Consumer Dispute Settlement Commission, which is located at Brīvības iela 55, Riga, Latvia, LV-1010
, which resolves consumer disputes (more information on dispute resolution is available at http://www.ptac.gov.lv/lv
19.9. In addition to the above, the Buyer may use the electronic dispute resolution platform (ODR) to resolve disputes concerning goods or services purchased from the website. Additional information http://ec.europa.eu/odr
We wish you a pleasant shopping experience and hope you will be satisfied with the seedlings you purchase from our company!