These terms and conditions apply to purchases made through the online shop www.gammaplast.lv (hereinafter referred to as the Online Shop).
When purchasing goods in the Internet shop, a distance contract (hereinafter — Distance Contract) is concluded between you and the Seller Limited Liability Company "Gammaplast", registration number 40003470272, VAT registration number LV40003470272, registered office at Kandavas street 14b, Riga, LV-1083, Latvia. The terms of the Distance Contract are set out below.
By purchasing goods from the Online Shop, you confirm that you have read and agree to the terms of the Distance Contract. If you wish to purchase the Goods in the Online Shop, but after reading the Distance Contract Terms you conclude that you do not agree with them, please place your order and collect the Goods at the offices of Gammaplast Ltd., Kandavas iela 14b, Riga, LV-1083, Latvia.
1. TERMS USED IN THE DISTANCE CONTRACT
2. GENERAL PROVISIONS
- The Customer has the right to choose and purchase goods in the Online Shop both as a Registered Customer and without registration.
- The Distance Contract shall be concluded (enter into force) at the moment when the Buyer has placed an Order in the Online Shop and the Seller has sent a confirmation and/or an Advance Invoice to the e-mail address provided by the Buyer.
- This version of the Distance Contract Terms is valid from 2023 June 27. The Seller shall be entitled to unilaterally amend, update and supplement the Distance Contract Terms at any time without notice. The Buyer shall be bound by the terms of the Distance Contract in force at the time of ordering the Goods when shopping in the Online Shop, and shall therefore consult the terms of the Distance Contract each time the Buyer places an Order.
- If the Buyer uses the Online Shop in breach of the terms of the Distance Contract or attempts to undermine the stability or security of the Online Shop, the Seller shall have the right to restrict the offers available in the Online Shop and/or cancel the Buyer's registration without notice.
- The Seller shall be entitled to temporarily or permanently suspend the operation of the Online Shop without prior notice to the Buyer by posting an appropriate notice on the gammaplast.lv website, however, the Orders received up to the moment of posting the appropriate notice shall be fulfilled.
3. COMMERCIAL OFFERS AND WITHDRAWAL
- In order to be informed of the Seller's latest offers, the Customer has the possibility and right to register for newsletters (commercial notifications). The Customer expresses his/her consent by entering and sending his/her e-mail address in the "Sign up for newsletters!" section of the Online Shop. or by making such a choice by completing the registration form in the Online Shop.
- The Customer has the right to unsubscribe from receiving further newsletters (commercial communications) at any time by sending a message to email@example.com or by using the link at the end of the text of the commercial communication.
- When purchasing Goods in the Online Shop, the Customer is offered to register by filling in a registration form. The information provided in the registration form is stored and used for all future purchases of the Customer after the Customer enters his/her user information in the Online Shop's database.
- In the registration form, the Buyer shall provide the following data: a) the Customer, who is a natural person: name, surname, e-mail address, address to which the Goods will be delivered, telephone number, other data relevant for the delivery of the Goods (e.g. special indications, door code, etc.); b) the Customer being a legal entity: name of the representative, name of the company (including company form, registration number, VAT number, registered office, delivery address, contact details (e.g. telephone number or e-mail), bank name, bank account number.
- Buyers who do not wish to register are offered to complete the Purchase by providing the Seller with the Delivery Information.
- The Buyer is responsible for ensuring that all data provided by the Buyer is true and complete. If a Registered Customer's details change, the Buyer must update them before placing an order.
- The Seller shall not be liable for any loss incurred by the Buyer or third parties in the event that the Buyer has provided incorrect or incomplete data.
- When registering or ordering Goods, the Buyer shall make sure that the email address provided by the Buyer is available to the Buyer and that the Buyer can receive emails sent to it. The Buyer undertakes to check the email address provided to the Seller at least once a day after placing an Order.
- The Seller shall not be liable if it has sent a confirmation and/or an Advance Invoice to the email address provided by the Buyer but the Buyer has not received it.
- A registered Customer shall be free to change, update or delete his/her registration in the Online Shop at any time without any further consent.
- Upon registration in the Online Shop, the Registered Customer shall create his/her individual username and password (access data) for placing Orders. The Registered Customer undertakes not to disclose the Access Data to Third Parties. The Registered Customer is responsible for the storage of the Access Data as well as for any activity carried out in the Online Shop using his Access Data. Any person who accesses the Online Shop and places an Order using the Registered Customer's access data shall be deemed by the Seller to be a Registered Customer.
- If the Registered Customer loses or forgets his/her access data to the Online Shop, the Registered Customer shall send the Seller a request for a new password using the facilities offered by the Online Shop or by sending a request by e-mail to: firstname.lastname@example.org.
5. PRICES OF GOODS
- All prices for Products in the Internet store are shown in euros including VAT. Costs for the delivery of the Goods to the Buyer are not included in the price of the goods.
- The seller has the right to change the prices of the goods in the online store without prior notice. If the price of the Goods in the Online Store is changed, the Goods are sold to the Buyer at the prices valid in the Online Store at the time of placing the Order, on the condition that the advance invoice is paid within 48 (forty-eight) hours.
6. ORDER PLACEMENT
- When ordering the Product, the Buyer selects the Product in the Internet Store catalog and, if the Product has the indication "Product is in stock" in the catalog, presses the "Add to Cart" button, placing the selected Product in the "Shopping Cart".
- If the Customer wants to choose more Products, by pressing the "Continue shopping" button, the Customer can continue shopping.
- After the Customer has selected all the Products that he wishes to purchase, the Customer goes to the "Cart" section of the Internet store, which contains a list of all the Products selected by the Customer.
- In the "Cart" section of the online store, it is possible to specify the required quantity of the Product, recalculate the price, empty the entire shopping cart, delete individual products from the shopping cart, go back to the online store catalogue or place an Order ("Checkout").
- When you choose to place an Order ("Checkout"), you are offered the opportunity to enter the system as an already Registered customer using your access data, or to complete the Order without registering (only provide delivery information).
- In order to complete the Order, the Buyer is invited to provide information on the desired payment procedure, delivery method and time, as well as to provide other information relevant to the execution of the Order (for example, if the Product will not be received by the Buyer himself, but by a Third Party, the Buyer identifies the recipient of the Product by specifying the name and surname of the person, telephone number and/or address).
- When registering for the first time, the Client is offered the opportunity to apply for news (commercial announcements) by e-mail.
- After successful completion of the Order, the Buyer will be sent a confirmation of the receipt of the Order and/or an Advance invoice to the e-mail. If necessary, before sending the confirmation and/or issuing the Advance invoice, the Seller's representative will contact the Buyer by phone, confirming the receipt of the Order and clarifying the details of the Order. Taking into account the fact that the replenishment of the Product balance takes place several times a week, a situation may arise that the Product selected by the Buyer is not available in the Seller's warehouse at the time of placing the Order or it is not in sufficient quantity. If the Product selected by the Buyer is not available or is not available in the required quantity, the Seller's representative will inform the Buyer by phone and offer to replace the selected Product with an equivalent Product or offer to agree on a different delivery time for the Product. After clarifying all the circumstances, the Advance invoice will be sent to the Buyer.
- The advance invoice includes the information to be included in invoices in accordance with the laws and regulations of the Republic of Latvia, including information about: Product (name, article), quantity, price of one unit, delivery costs (if the Buyer has chosen delivery of the Goods instead of receiving them at the Seller's office), the total amount, value added tax amount, total payment amount, Buyer's details and Seller's details, including information about the Seller's bank accounts to which it is possible to transfer the purchase fee.
- If the Buyer has not received a confirmation and/or advance invoice by e-mail and if the Seller's representative has not contacted the Buyer regarding the Order during the working day, but if the Order was placed on a working day after 16.00 or on holidays, then on the next working day, the Buyer is invited to place the Order again or to contact the Seller by e-mail email@example.com or by phone (+371) 26 130 305.
- The order can also be placed by calling (+371) 26 130 305 during the Seller's working hours — weekdays from 8:30 to 17:00 and stating the names of the required Products. To place an Order by phone, it is necessary to state the Customer's name, address, phone number and e-mail address. These terms of the Distance Agreement, as far as possible, are also applicable to Orders and purchases made by telephone.
- The amount of the ordered Goods must not be less than the minimum amount of the Goods basket, which is not less than EUR 19.99.
7. PAYMENT PROCEDURES AND TERMS
- The Buyer can pay for the Goods in the form of prepayment by bank transfer, paying the advance invoice sent electronically by the Seller, through the internet bank, through a payment card, in cash when picking up the goods at the Seller's point of sale or at the courier, as well as with a payment card at the point of sale.
- The Buyer must pay the Advance invoice no later than 48 (forty-eight) hours after sending the Advance invoice to the e-mail address specified by the Buyer.
- When paying the Advance invoice, it is mandatory to specify the Order/Advance invoice number.
- In order to ensure more timely execution of the Order, the Buyer is invited to inform the Seller if payment for the Goods is transferred from a Third Party, not the Buyer's bank account or another state bank, by sending a payment order to the Seller's e-mail: firstname.lastname@example.org.
8. DELIVERY AND HANDOVER OF GOODS
- The goods can be received free of charge at the premises of the Seller's office - Kandavas Street 14B, Riga, LV-1083, Latvia.
- If the Buyer has chosen to receive the Goods at the Seller's office premises, the Buyer must receive the Goods within 3 (three) working days after receiving notification from the Seller about the exact time of receipt of the Goods.
- Payment for goods can only be made by bank transfer.
- If, when placing the Order, the Buyer has indicated that he wants the Goods to be delivered to the address specified by the Buyer, the Goods are delivered to the address specified by the Buyer, having previously agreed on the time of delivery of the Goods with the Buyer by telephone.
- Upon receiving the Goods, the Buyer presents an identity document and, if necessary, a power of attorney. The seller has the right not to issue the Goods to persons who cannot present the above-mentioned documents.
- The buyer pays the delivery fee for the delivery of the Goods: Delivery fee within Riga: for purchases up to 99,99 EUR – 7 EUR and for purchases from 100 EUR – free; Delivery fee in Latvia outside the borders of Riga: for purchases up to 99,99 EUR – 9 EUR and for purchases from 100 EUR – free.
- If the delivery of the Goods is not possible due to the Buyer's fault or circumstances beyond the Seller's control (for example, the Buyer has specified an incorrect delivery address, the Buyer or his authorized person is not present at the specified address, it is not possible to contact the Buyer at the specified time, the specified address cannot be accessed, etc.), the Goods are not sent again (except for cases where the Buyer pays extra for re-delivery of the goods), but the money for the Goods is refunded back to the Buyer's account from which the payment was made within 30 (thirty) days. Shipping costs are non-refundable.
- If the delivery of the Goods is delayed due to unforeseen circumstances beyond the control of the Seller, the Seller immediately contacts the Buyer and arranges another delivery time.
- When the Goods are delivered to the Buyer together with the Goods, the original invoice (waybill) is issued. For the Goods, the Buyer or his authorized person signs the delivery document, indicating comments about the packaging and/or the Goods, if inconsistencies or damages are found.
- During the delivery of the goods, the Buyer is obliged to check the condition of the shipment and compliance with the Order together with the Seller's representative (courier).
- If the Buyer finds that the packaging of the delivered shipment is damaged (torn packaging sticker, damaged packaging or other external damage), he must necessarily record this in the delivery document (Seller's copy). Otherwise, it is considered that the shipment has been delivered properly and without damage.
- If, after receiving the Goods, the Buyer finds that the shipment does not contain the appropriate amount of Goods or the delivered Goods do not correspond to the Order, and this is not indicated in the delivery document, the Buyer must immediately inform the Seller about this by sending a relevant message to email@example.com.
9. RIGHTS OF REFUSAL (FOR CONSUMERS). EXCHANGE AND RETURN OF GOODS
- The buyer who is a consumer (natural person) has the right to use the right of refusal without giving a reason and unilaterally withdraw from the Agreement by returning the received Goods within 14 days. This provision means that when reconsidering or for other reasons deciding to abandon the Product, the Buyer has the right to notify the Seller of his request to return the goods to the Seller and receive the paid money.
- The buyer (consumer) cannot use the right of refusal and cannot return the Goods. in the cases specified in Clause 22 of Regulation No. 255 "Regulations on distance contracts", if: a) The Product is manufactured according to the Buyer's instructions or the Product is clearly personalized (adapted to the Buyer's personal needs); b) The product perishes quickly or expires soon; c) The Buyer has opened the packaging of the Product, which cannot be returned due to health and hygiene reasons; d) Due to its characteristics, the product is irreversibly mixed with other things after delivery; e) The buyer has opened the packaging of the audio recording or video recording or computer programs; f) Newspapers, periodicals or magazines are supplied, except where they are supplied under a subscription contract.
- The right of the Buyer to unilaterally withdraw from the Agreement within 14 days, return the Goods to the Seller and receive money using the right of withdrawal applies only to consumers (natural persons) and arises from the date of conclusion of the Agreement. Qualitative Products can also be returned in a longer term in certain cases specified by the Seller, when the Seller provides relevant information about them when selling the Product.
- The 14-day period for exercising the right of withdrawal is calculated as follows: a) if the Product is purchased by concluding the Agreement, - from the day when the Buyer or a third party other than the carrier (courier) designated by the Buyer has received the Product; b) if the Buyer has ordered several Goods in one order, which are delivered separately, - from the day when the Buyer or a third party, who is not the carrier and indicated by the Buyer, has received the last Goods; c) if the Product consisting of several lots or parts is delivered - from the day when the Buyer or a third party, who is not the carrier and indicated by the Buyer, has received the last lot or part of the Product; d) for contracts for regular delivery of Goods - from the day when the Buyer or a third party, who is not the carrier and indicated by the Buyer, has received the first item.If the end of the term falls on a national holiday, the right of withdrawal can be exercised until the working day following the end of the said term (including it).
- In order to exercise the right of withdrawal, the Buyer must inform the Seller of the decision to withdraw from the Agreement by sending or submitting a relevant written notice in free form, which would contain the Buyer's notice of withdrawal from the Agreement, or by filling out the withdrawal form - in PDF format; in WORD format. The notice of withdrawal from the Agreement or the withdrawal form can be submitted to customer service centers, the addresses of which can be found here, or sent electronically to the e-mail address: firstname.lastname@example.org. Upon receiving the Buyer's notification electronically, the Seller immediately sends the Buyer confirmation of receipt of the notification to the Buyer's e-mail.
- The Buyer shall immediately, but not later than within 14 (fourteen) days after submitting or sending to the Seller a cancellation form or notice of the exercise of the right of cancellation, return or hand over the Goods to the Seller Kandavas Street 14b, Riga, LV-1083, Latvia (working days from at 9:00 a.m. to 5:00 p.m.). The deadline is considered to be met if the Buyer hands over or sends the Goods to the Seller before the end of the 14 (fourteen) day deadline. The buyer bears the cost of returning the Product.
- The Buyer has the right to inspect the Product in order to find out its nature, properties and operations, but the use of the Product to find out and check its nature, properties and operations can be done to the extent that it would be possible to do it in the store.
- The Buyer is responsible for the decrease in the value of the Product or its use contrary to good faith (including, but not limited to, the cases specified in Clause 9.9 of these Terms), if the Product was used for a purpose other than to clarify the nature, properties and operation of the Product during the exercise of the right of withdrawal.
- The returned Product must not be damaged or used in a way that goes beyond the use of the Product to determine and test its nature, properties and functions. The buyer tries to keep the original packaging, authentic labels and protective bags for the returned Product. Products must be returned complete with the same accessories with which they were sold, together with the Product's instructions and warranty card, if they were delivered with the Product. Gifts received for the Goods, if any, must also be returned together.
- The invoice number and order number must be provided when returning the Product. If possible, the Buyer attaches an invoice so that the Seller can provide the Buyer with a refund for the purchased Product as soon as possible.
- The buyer who returned the Goods will be refunded all money paid for the Goods, including delivery costs. The Seller returns the money for the Goods and delivery expenses no later than within 14 (fourteen) days from the day the Seller received information about the Buyer's decision to withdraw from the Agreement. Current tariffs for delivery and service services are provided in the section "Delivery and receipt of goods". If only a part of the Goods is returned, the delivery costs will be refunded only if, and only to the extent, the other Goods of the same order, if purchased separately, would be charged a lower rate than the tariff charged if the Goods were purchased together with the Goods being returned , which is equal to the specified tariff difference. If the Buyer has chosen to use a delivery method other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to reimburse the Buyer for additional delivery costs.
- The Seller transfers the refundable amounts to the bank account specified in the Buyer's notice of withdrawal from the Agreement or withdrawal form.
- The Buyer has the right to withdraw from the Agreement even before the Buyer receives the Goods.
- In case the Goods were delivered to the Buyer after withdrawal from the Agreement: a) The Buyer is obliged to immediately return the Goods to the Seller; b) except for cases related to non-conforming Goods, the Buyer will be responsible for covering the costs of returning the Goods to the Seller; c) The Buyer is obliged to properly take care of the preservation of the Goods until they are returned to the Seller; d) The price of the product and delivery costs shall be compensated to the Buyer in accordance with Rule 9.11. point.
- In all cases, the buyer has rights arising from improper sale of the Product, which are provided for by the laws and regulations of the Republic of Latvia. The return rules specified in this 9 or other clauses of the Terms do not affect the existence of these rights.
10. GOODS QUALITY GUARANTEE AND EXPIRY DATE
- The characteristics and warranty period of all Products are indicated in the Product description published in the Internet store for each Product.
- Product images are informative. The colors, shapes and other parameters of the Products shown in the images posted in the online store may differ from the actual sizes, shapes and colors of the products.
- The color of the product in the photos may differ from the actual color of the product due to color reproduction problems in different monitors, camera settings and other factors.
11. GOODS NOT CONFORMING TO THE TERMS OF THE CONTRACT
- The Buyer (consumer) submits an application for a product that does not conform to the terms of the contract, as well as the non-conforming Product itself, to the Seller in a free form, stating his name, surname, residential address and contact information, as well as providing a description of how the Product's non-conformity manifests itself and attaching copies of documents confirming the transaction, as well as other documents supporting the application (if possible). Such an Application is submitted by the Buyer (consumer) to the Seller personally at the Seller's legal address at Kandavas iela 14b, Riga, LV-1083, Latvia (on working days from 9.00 a.m. to 5.00 p.m.) or sent to the e-mail address email@example.com. The application will be considered in accordance with the procedures and deadlines specified in the Law on the Protection of Consumer Rights.
- When returning or exchanging high-quality Goods that match the Buyer's order, the delivery fee is not refunded to the Buyer.
12. EXCHANGE OF INFORMATION
- The Seller sends all notifications and otherwise communicates with the Buyer using the e-mail address or phone number specified in the Buyer's registration form or in the Delivery Information.
- The buyer sends all notifications and questions using the means of communication and addresses indicated in the Contacts section of the Internet store.