- General terms
1.1. These Terms determine the procedure for which the Company sells and delivers goods, hereinafter referred to as the Goods, which are placed in the Company's online store www.vplab.lv, hereinafter referred to as the Online Store. The Client purchases and accepts the Goods according to the range of Goods indicated in the order made in the Online Store website, hereinafter referred to as the Order.
1.2. The property right to the Goods passes to the Client on the day of full payment and receipt of the Goods.
1.3. If the Goods purchase agreement (in the understanding of these Terms - Order) is concluded in the Online Store, it shall be deemed that a distance agreement has been concluded between the Company and the Client. Despite the foregoing, the rights arising from such distance agreements apply only to those Clients who are clearly regarded as consumers (i.e., natural persons) in accordance with applicable regulatory enactments.
1.4. By agreeing to these Terms, the Client confirms that he/she is a legally capable person or, in the case of a legal person, acts accordingly to the authorised legally capable person.
1.5. The Client acknowledges that he/she uses the Online Store in accordance with these Terms and applicable regulatory enactments. In the event of any violation of the Terms and/or regulatory enactments, the Company shall have the right to unilaterally, without going to court, withdraw from the Client's order and/or prevent the Client from using the Online Store
2.1. The Client irrevocably confirms that he/she will not use (perform) and is aware that it is prohibited:
2.1.1. to use any device or software that may disrupt the operation of the Online Store;
2.1.2. to perform any actions that use disproportionately large amounts of information or create excessive loads on the Online Store infrastructure (e.g., by sending spam);
2.1.3. to disrupt or damage the Online Store's software or its functionality, including but not limited to, including in the Online Store material infected with computer viruses, "Trojan horses," "time bombs" or other elements that may damage or disrupt the Online Store programming structure.
3. Price of goods and payment procedure
3.1. All prices of the Goods are indicated in the Online Store, including value-added tax, which is in effect at the time of Order execution. By confirming the Order in accordance with the Order application indicated in the Online Store, the Client agrees to pay the current price of the Goods.
3.2. If any of the Products are offered to the Customer at a special price (i.e. promotional price), the offer is valid only for the period specified for the relevant Product.
3.3. In addition to the price of the Product, the Customer pays for the delivery service of the Product if a fee is specified for the specific delivery method. By confirming the Order in accordance with the Order application indicated in the Online Store, the Customer agrees to the delivery fees indicated therein (if such fees are specified for the specific delivery method) and payment. The Customer is obliged to cover the Company's expenses for delivery in the amount of the delivery service fee, even if the Product is not delivered (handed over) to the Customer due to the Customer's fault (including non-attendance at the agreed place/time), as well as for repeated delivery expenses if agreed by both parties.
3.4. Payment for the Product and the chosen delivery service can be made by bank transfer, PayPal payment, Paysera payment, Stripe payment or upon receipt of the Product, if the chosen delivery method allows for such payment.
3.5. Payment conditions for the Product may depend on the Customer's chosen delivery method, and the Company reserves the right to unilaterally amend them at any time.
3.6. The payment confirmation document (e.g. payment order, strict accounting receipt) confirms payment for the purchase of the Product. In case the Customer makes the payment by bank transfer, the payment day for the Product price is considered the day when the payment is received in the Company's settlement account, while in case the Customer makes an instant payment using PayPal or Paysera, or Stripe, the payment day for the Product price is considered the day when the payment is received in the Company's PayPal or Paysera, Stripe account.
4. Ordering and Delivery of Goods
4.1. To make a purchase of Goods, the Client who has agreed to these Terms fills out an Order application and accepts it by pressing the button with the corresponding indication "Complete purchase". The acceptance of the Order includes the Client's obligation to make payment. After receiving the Client's Order, the Company sends confirmation of the Order's validity and execution to the Client's email address indicated in the Order application. The Order is valid until it is fulfilled or until the moment the parties withdraw from it in the cases provided for in these Terms.
4.2. Goods are delivered to the Client in the chosen manner, after payment of the Purchase and the selected delivery service, unless the Client has chosen a method of Goods delivery that allows payment upon delivery.
4.3. The Order is executed within 2 to 3 business days from the day the notification is sent to the Client in accordance with clause 4.1. of these Terms.
4.4. The delivery of Goods, in accordance with the delivery service fee specified in the Order, can be made:
4.4.1. by courier to the address specified by the Client in the Republic of Latvia; 4.4.2. using parcel locker services.
4.5. The Client is obliged to be available at the mobile phone number and/or e-mail address specified in the Order to agree on delivery details (time, place) and other questions necessary for the execution of the Order with the Goods carrier (courier).
4.6. Goods delivery in accordance with the Order is considered completed and the Order is considered fulfilled if the Goods are delivered to the Client, or its authorized person, at the agreed time and place, after verifying its identity and authorization with a document proving its identity (passport, ID card) and authorization, and a receipt of delivery-acceptance is signed by both parties. If the Goods are delivered by courier, the Company has authorized the courier to sign the delivery-acceptance receipt on behalf of the Company.
4.7. If the Goods are delivered using parcel locker services, Goods delivery in accordance with the Order is considered completed and the Order is considered fulfilled when the Client, using the received notification by SMS and/or e-mail about the Goods delivery to the parcel locker and the code to open the parcel locker door, removes the Goods from the parcel locker.
4.8. The Company has the right to unilaterally withdraw from the execution of the Order, except where the parties agree otherwise, if the Goods cannot be delivered in accordance with the delivery method specified in the Order within the term and procedure specified in these Terms due to the Client's fault or circumstances beyond its control (for example, if the delivery of Goods by courier is not made due to the Client's fault; if, within the term specified in the Terms, it was not possible to agree with the Client on the delivery details (time, place); if the Client or its authorized person does not appear at the agreed delivery time and/or place; it is not possible to identify or verify the authorization of the Client or its authorized person; if there are doubts about the accuracy of the data provided to the Company).
4.9. If, in accordance with the provisions of Clause 4.8, the Company unilaterally withdraws from the performance of the Order, it shall refund the Customer the purchase price of the Goods received (provided that such payment has been made and received by the Company) no later than 30 (thirty) days from the date of the Customer's request for a refund, after agreeing on the amount of the refund with the Customer. In addition, in the cases specified in these Terms, the Company shall deduct the expenses for delivery services in the amount of the delivery cost from the refundable purchase price of the Goods if the delivery is made by courier or to a parcel locker in accordance with the Order. The request for a refund of the money must be submitted no later than one year from the date of receipt of the Company's electronic notification specified in Clause 4.1. After the expiration of the aforementioned term, the Customer loses any right to claim a refund of the purchase price of the Goods.
- Use and Quality of Goods
5.1. All the properties of Goods sold through the Online Store are indicated in the description of each respective product. Before starting to use the Goods, the Customer is obliged to carefully read and become familiar with the composition and instructions for use of the Goods. The Customer is obliged to use the Goods only in accordance with the instructions for use, according to the properties and intended purposes of the Goods. If the Goods contain an allergen which the Customer is intolerant to, the Customer is strictly prohibited from using the Goods.
5.2. The Company guarantees that the Goods sold comply with the manufacturer's warranties and standards. The Company does not guarantee compliance of the Goods with any Customer preferences, expectations or intended purposes. The depiction of the Goods in the Online Store is for informational purposes only and may differ from reality.
5.3. Complaints about the compliance of the Goods with the provisions of Clause 5.2 and its quality are resolved in accordance with the Consumer Rights Protection Law.
5.4. The Company undertakes to sell the Goods to the Customer in such a way as to provide the Customer with a real and proportional opportunity to use the Goods until the end of their shelf life.
6. Right of withdrawal. Exchange and return of goods
6.1. The Client has the right to use the right of withdrawal and unilaterally withdraw from the execution of the Order (i.e., the distance contract with the Company) by notifying the Company no later than 14 (fourteen) days from the day of receipt of the Goods. The Client sends a free-form notification, clearly identifying the Client (name, surname), the date of the Order and the content of the Order, about the use of the right of withdrawal, clearly and comprehensibly indicating all the necessary data, to the following address: SIA "VPLAB", Visbijas prospekts 7, Riga, LV-1014, or by e-mail to email@example.com (when sending by e-mail, the corresponding notification must be sent from the e-mail address that the Client specified in the Order).
6.2. After sending the written notification to the Company regarding the use of the right of withdrawal, as indicated in clause 6.1 of the Terms and Conditions, the Client must return the Goods (if delivered) no later than 14 (fourteen) days from the date of sending the notification, in accordance with the procedure specified in clause 6.5 of the Terms and Conditions. The Client is responsible for the decrease in the value of the Goods during the use of the right of withdrawal, if the Goods were used for purposes other than the nature, characteristics and operation of the Goods.
6.3. The right of withdrawal specified in clause 6.1 of the Terms and Conditions can only be used by the Client who, in accordance with the regulations of the Consumer Protection Law of the Republic of Latvia, is recognized as a consumer, i.e., a natural person who expresses a desire to purchase, purchases, or could purchase or use a product or service for a purpose that is not related to his/her economic or professional activity.
6.4. The Client (consumer) cannot use the right of withdrawal specified in clause 6.1 of the Terms and Conditions in the event that any of the following circumstances exist:
6.4.1. The Goods quickly deteriorate or their shelf life expires soon;
6.4.2. The Client has opened the packaging of the Goods, which cannot be returned due to health and hygiene reasons;
6.4.5. In other cases provided for in Cabinet Regulations No. 255 "Regulations on Distance Contracts" of 20 May 2014.
6.5. The Goods that do not comply with the Order (distance contract) or the Goods for which the right of withdrawal has been used or which are returned in accordance with clause 6.6 of the Terms and Conditions, are sent by the Client by mail and/or handed over personally to the Company's legal address: Visbijas prospekts 7, Riga, LV-1014, Latvia, or using SIA "OMNIVA" services, after receiving the SIA "OMNIVA" shipment label from the Company, by prior agreement with the Company by e-mail at firstname.lastname@example.org regarding the time of return of the Goods. The Client covers the costs associated with the return of the Goods. If the Client wants to return the Goods during the delivery, the Goods must be returned to the Company representative (courier) who delivered them.
Return and exchange of goods
6.7. Goods that are returnable or exchangeable, and for which the right of withdrawal is used, must be undamaged and must not have lost the appearance of the goods for sale (labels have not been removed or damaged, protective films have not been torn off, etc.), the characteristics of use must not have been affected, and they cannot have been used. Goods must be returned in the original packaging, in the same configuration as the customer received them, and the purchase documents, instructions for use, and other accessories must be provided. If the goods are not in a complete configuration, damaged, untidy, or not properly packaged, the company has the right to reject the goods, not to exchange them, and not to refund the customer for the money paid for the goods.
6.8. The money paid for the goods, including delivery costs (except for additional costs incurred because the customer has chosen a delivery method that is not the company's cheapest standard delivery method), for which the customer has used the right of withdrawal, will be refunded to the customer's account no later than 14 (fourteen) days from the day the company receives notification from the customer of the use of the right of withdrawal. The company has the right to withhold the refund of the amount paid by the customer until the company has received the goods or until the customer has provided the company with proof that the goods have been sent back, depending on which action is taken earlier.
6.9. When returning or exchanging high-quality goods that correspond to the customer's order, the company will make a refund in accordance with point 6.8, but the customer will not be reimbursed for the delivery costs of the goods.
7. Exchange of information
7.1. The company sends all notifications, requests, claims, and other communications to the customer at the email address and/or telephone number indicated in the order form (observing the communication method indicated by the customer).
7.2. The customer sends all notifications, requests, claims, and questions, and communicates with the company by email at email@example.com, by phone at +371 28373736, or by sending a letter (submitted in person) to the company's legal address: Visbijas prospekts 7, Riga, LV – 1014, Latvia.
8. The applicable law and dispute resolution procedure
8.1. These Regulations have been prepared in accordance with the regulatory enactments of the Republic of Latvia.
8.2. The obligations arising from these Regulations shall be governed by the legal norms of the Republic of Latvia.
8.3. In the event of losses, the guilty party shall compensate the other party for the losses in accordance with the regulatory enactments of the Republic of Latvia.
8.4. Any dispute between the Company and the Client shall be resolved through negotiations, with the parties to the dispute seeking to reach an agreement.
8.5. If the dispute between the Company and the Client cannot be resolved through negotiations, the Client (consumer) shall submit a written application to the Company (an electronically submitted application does not require a signature), indicating:
- their name, surname, place of residence address, and contact information;
- the date of submission of the application;
- the essence of the dispute, their claim, and its justification. 8.6. The application shall be accompanied by copies of documents certifying the transaction, as well as other documents supporting the application (if possible). 8.7. Within 15 working days of receiving the application, the Company shall provide the Client (consumer) with a written response to the application and inform them of the possible method of fulfilling the claim or resolving the dispute if no agreement has been reached within the aforementioned period regarding the fulfillment of the Client's (consumer's) claim or an alternative method of fulfilling the claim. If, due to objective reasons, it is not possible to provide a response to the Client's (consumer's) application within the aforementioned term, the Company shall immediately inform the Client (consumer) in writing of the need for a reasonable term in which the response will be provided and the need for such an extension. 8.8. If the Company believes that the Client's (consumer's) claim is unfounded or is prepared to offer the Client (consumer) another method of resolving the dispute, it shall inform the Client in writing within the term specified in Clause 8.7 of these Regulations. The Company has an obligation to substantiate the refusal of the Client's (consumer's) claim. 8.9. If the solution offered by the Company satisfies the Client (consumer), the dispute shall be deemed resolved. 8.10. If the Company does not provide a response to the Client's (consumer's) application within the term specified in Clause 8.7 of these Regulations, it shall be deemed that the Company refuses to fulfill the Client's (consumer's) claim. 8.11. If the Company refuses to fulfill the Client's (consumer's) claim or the solution offered by the Company does not satisfy the consumer, the Client (consumer) has the right to appeal to:
- The Consumer Rights Protection Centre to receive assistance in resolving the dispute;
- The Consumer Dispute Resolution Commission, website: http://www.ptac.gov.lv/lv/content/pateretaju-stridu-risinasanas-komisija-0, which resolves disputes in the field in which the Company operates;
- The Consumer Dispute Resolution Commission, if the assistance provided by the Consumer Rights Protection Centre to the Client (consumer) in resolving the dispute has not produced results and it is possible to convene the Consumer Dispute Resolution Commission to consider the dispute in the relevant field;
- The relevant court of the Republic of Latvia in accordance with the procedure established by regulatory enactments if the dispute between the Company and the Client, who is not a consumer, which cannot be considered a consumer dispute, is not resolved through negotiations.
9.1. The Company reserves the right to fully or partially change, modify, add, or discontinue any part of these Terms at any time at its discretion. Changes to these Terms will take effect when a respective notice is posted on the Online Store. By continuing to use the Online Store and purchasing Goods after any such changes to these Terms, it will be deemed that the Customer has agreed to such changes.
9.2. The Company may, without prior notice, close or modify any part of the Online Store, correct errors or deficiencies in any part of the Online Store, Goods, materials, programs, and/or prices listed on the Online Store, cancel or suspend any part of the Online Store, including the availability of any Online Store feature. The Company may limit certain functions and/or fully or partially restrict access to the Online Store without prior notice and obligations.
10. Recognition of intellectual property rights
10.1. The Customer acknowledges that all intellectual property rights presented in the Online Store (including, but not limited to, registered or unregistered copyrights, patents, technological expertise, confidential information, trademark or design rights) belong to the Company or its licensors. All non-material assets and intellectual property rights arising from the use of the Company's intellectual property rights belong to the Company
11. Final provisions