DISTANCE AGREEMENT AND TERMS OF USE OF THE E-STORE

1. Terms

Company – Limited Liability Company "BOTTARI Baltic", reg. No. 40103869485, VAT number LV40103869485, legal address Klijānu iela 8, Riga, LV-1013, Republic of Latvia, e-mail: info@bottaribaltic.lv, tel. (+371) 67796050. Internet store – a website maintained by the Company www.bottaribaltic.com, where you can buy Goods. Terms – this distance agreement and the terms of use of the Internet store (e-store); Buyer – a legal entity or an adult natural person who wishes to purchase or has purchased the Product(s). Goods – any goods that are offered in the Internet store (e-store) and that the Buyer can order and purchase.

2. General regulations

2.1. The Terms govern the legal relationship between the Buyer and the Company in connection with the Goods and their delivery. The Terms are also considered a distance contract between the Buyer and the Company as a seller.

2.2. Making a purchase or order confirms the Buyer's acceptance of these Terms.

2.3. The buyer is obliged to indicate and enter true and complete data, contact information and means of payment. The buyer must immediately inform the Company if an error is noticed in the specified data or they have changed. The buyer assumes responsibility for the consequences arising from the inaccuracy or error of the data provided to the Company.

2.4. The buyer is responsible for the accurate and correct execution of the order, indicating the necessary Goods, their quantity and specification (if the option is provided).

3. Product offer and order

3.1. Information about the Products and their price is indicated in the Internet store next to the relevant Product. Product and delivery prices are valid at the time of ordering the Product. The company has the right to change the range and offer of Products posted in the Internet store at any time, as well as the indicated prices at its own discretion, the changes do not apply to orders already made and paid for.

3.2. Information about the Product and its images are prepared for informational purposes, with the aim of improving the shopping experience in the Internet store. The appearance of the product may differ from what is shown in the images (especially considering the color reproduction), and the product may be in a different package.

3.3. Product information and its conditions of use are specified in the Product documentation and have priority over the information provided for informational purposes in the Internet store. Before using the Product, it is necessary to familiarize yourself with the documentation and conditions of use attached to the Product.

3.4. Prices are in euro (EUR). In the online store, the price of the Goods is indicated, including value added tax. All payments for goods must be made in euro (EUR).

3.5. The Company tries to ensure that the prices of the Goods are always indicated accurately, however, it cannot be guaranteed that the prices indicated at the time of placing the order will be the correct, valid prices of the Goods at that time.

3.6. Delivery costs are indicated separately from the price of the Goods. The delivery service is provided by a third party (delivery company, carrier), in case the Buyer does not pick up the Goods at the Buyer's place of sale (delivery of the Goods).

3.7. The buyer first places an order for Goods in the Internet store, which is placed in the shopping cart. The buyer has the option to continue selecting other Products before placing the order.

3.8. At the time of placing the order, the Buyer must select/specify the method and address of receiving the Goods.

3.9. After ordering and paying for the Goods (prepayment), the Buyer will be sent a confirmation of the order to the specified e-mail address.

3.10. The invoice sent by the Company to the Buyer's e-mail or available (downloadable) in the Internet store is prepared electronically and is valid without a signature.

3.11. The Buyer must pay for the Goods and their delivery using one of the methods of payment indicated in the Internet store, by paying the Company's invoice.

3.12. After the Company has received the full payment for the Goods and their delivery, the Company or the delivery company (carrier) will deliver the ordered Goods to the place of delivery specified by the Buyer. The Buyer is bound by the terms of the selected Supplier of the Goods (for example, working hours and the time at which the Goods must be collected, etc.). The delivery fee and delivery time depend on the chosen delivery method.

3.13. The order of Goods is considered to have been placed and becomes binding for the Buyer and the Company at the moment when the Company has received payment for the Goods and their delivery, as well as confirmed the order (purchase).

3.14. A notification about the delivery of the Goods is sent to the Buyer by e-mail.

3.15. The Company dispatches the Goods to the Buyer within one week, except for cases when, due to the availability of the Goods or the operation of the delivery company (carrier), the dispatch of the Goods is postponed and takes place later. Usually, delivery takes up to 7 working days, however, a different delivery period may be set for each specific order, and delivery delays are not excluded (especially in cases of high workload of the delivery company).

3.16. If the Buyer has indicated his payment card in the Internet Store (or in the tool of the electronic payment service provider indicated in the Internet Store), which is valid for purchases on the Internet, the Buyer agrees that the Company has the right to deduct from this payment card the fee for the Goods and delivery. It is considered that the Buyer, by specifying the details of the payment card, has confirmed that the Buyer has the legal right to handle the relevant means of payment and make payment with it.

4. Delivery of goods

4.1. A fee may be charged for the delivery of the Goods, which depends on the chosen delivery method and the place of delivery. The delivery fee, if any, is indicated at the time of ordering the Product (after choosing the delivery method and place).

4.2. The goods are delivered on the territory of the Republic of Lithuania, the Republic of Latvia and the Republic of Estonia. The Buyer may inquire with the Company about delivery options to other territories, however, the Company may not provide such delivery.

4.3. Goods are delivered only after full payment for the Goods and their delivery.

4.4. The buyer is obliged to provide accurate and complete information about the place of delivery (including part of the building, door code, floor, exact building entrance, if there are several, etc.) at the time of placing the order.

4.5. The seller and the delivery company (carrier, courier) are not responsible for non-fulfillment or delay of delivery, if it is due to incomplete or inaccurate information provided by the Buyer.

4.6. The Buyer cannot change the delivery address of the Goods after the order for the Goods has been confirmed.

4.7. Before accepting the Product, the Buyer is obliged to check whether the Product packaging is not damaged (including as a result of transportation). If packaging damage or other inconsistencies are found (for example, the packaging is wrinkled, wet, etc.), then the Buyer must indicate this in the delivery document (or in the case of contactless delivery - inform the delivery service provider) and immediately notify the Company, attaching the relevant documents and photos from of the package, where the Product label is visible, the damaged area of the package, as well as damage to the Product. The Company may not take responsibility if the damage to the Goods occurred during transportation and the Buyer did not indicate in the delivery document damaged packaging of the Goods or other external signs of damage that were detectable upon receipt of the Goods and did not properly notify the Company about it.

4.8. When the Buyer or a third person designated by the Buyer accepts the Goods and signs on the device of the delivery company (courier) or on a paper delivery confirmation without notes, it is assumed that the Goods have been delivered in an undamaged package, unless otherwise stated.

4.9. The Buyer is obliged to check the quantity, quality, accessories and assembly of the Goods within 2 (two) days from the moment of delivery of the Goods, notifying the Company in case of non-compliance. If the Buyer does not fulfill this obligation within the specified period and does not submit a claim to the Company, it is assumed that the quantity, quality, accessories and assembly of the Goods meet the conditions of the order (contract). The Buyer is also obliged to check and notify the Company immediately after receiving the goods if the Goods have not been delivered with such accessories and instructions as the Buyer can reasonably expect.

4.10. If the order provides for delivery to a specified address, when the Goods are delivered and handed over to the address specified by the Buyer, it is assumed that the Goods have been delivered to the Buyer, regardless of whether the Goods are actually accepted by the Buyer or any third party who accepted the Goods at the specified address.

4.11. If the Company cannot provide the Buyer with the ordered Product, then the Company has the right, with the Buyer's consent, to deliver another Product to the Buyer at an equivalent price, otherwise the money paid for the undelivered Product is returned to the Buyer. The Company reserves the right to unilaterally withdraw from the Goods purchase agreement due to the unavailability of the Goods, returning the money received from it to the Buyer. A notice of the Company's withdrawal is sent to the e-mail specified by the Buyer.

4.12. The Company has the right not to deliver the Goods (including by canceling the order and issued invoices) if the Buyer has not made full payment for the Goods and/or their delivery. Delivery of goods before payment does not release the Buyer from the payment obligation.

4.13. The Company may refuse to deliver Goods and unilaterally withdraw from the Goods Purchase Agreement if the delivery of Goods is impossible or difficult due to any external reasons, including due to the location of the delivery address in areas of hostilities or high-risk areas, certain restrictions on transport, movement, customs or delivery, due to state of emergency, natural disasters, epidemics or pandemics, or other force majeure circumstances or regulatory provisions.

4.14. If the Buyer cannot be found at the specified address, as indicated by him, or the Buyer is not found at the time notified to him, or the Buyer does not come to pick up the Goods at the time and/or place notified to him, then the Company and the delivery company (courier) are not responsible for non-receipt of the Goods, non-removal and/or delay in receipt, moreover, in such a case, the money paid for the Goods and their delivery will not be returned to the Buyer. If the Buyer wants a repeat delivery, then it is provided for an additional fee according to the price list indicated in the Internet store.

4.15. The Company is not responsible for the delay and/or inaccuracy of the delivery company (courier) chosen by the Buyer and/or delivery-related services.

4.16. The Company is not responsible and does not assume responsibility for the delay in the delivery of the Goods if the Company dispatched the Goods on time (including in cases where the delay is related to customs formalities, international transportation, etc.).

4.17. The risk of accidental loss or damage of the goods passes to the Buyer when the Buyer or a third party other than the carrier (delivery company, courier) designated by the Buyer has received the Goods. If the Product delivery company (carrier, courier) is chosen by the Buyer himself, the risk specified in this paragraph passes to the Buyer at the moment when the Product is handed over to the delivery company.

5. Other terms related to the purchase of goods

5.1. The e-mail correspondence of the Parties regarding the availability of the Goods, reservation or conditions of purchase shall not be considered as an agreement between the Parties regarding the purchase of the Goods, the price, etc.

5.2. Unless there is a direct indication to the contrary in the Internet store, it is not acceptable that the Company ensures the acceptance of orders on social networks and similar online communication platforms, and it is also not acceptable that such additional means of online communication (except Internet stores) guarantee written communications (including those date and time) on a permanent information medium.

5.3. If the Product is received at the Company's point of sale, paying for it at the time of receipt or after, then the Buyer cannot exercise the right of refusal, because the purchase of the Product is made in person and the Buyer has the right to familiarize himself with the selected Product and its characteristics before making the purchase and making the payment.

5.4. If it is planned to receive the Product at the Company's point of sale and the Buyer does not arrive for the Product during the reserved time period, the Company has the right to cancel the order and return the amount of money paid to the Buyer.

5.5. The Company may refuse to deliver the Goods and unilaterally withdraw from the Goods purchase agreement without returning the money received, if the Buyer is subject to sanctions (national sanctions of the Republic of Latvia, the United Nations or the European Union, or other international organizations of which Latvia is a member), or the Goods delivery to Buyer would in any way violate such sanctions and restrictions.

5.6. The Buyer independently undertakes the obligation to pay any taxes and duties, as well as to complete any customs formalities, purchase or import permits, if such are necessary for the delivery of the Goods to the address indicated by the Buyer. The company is not responsible for making any additional payments or completing formalities.

5.7. The Company is not responsible for the compliance of the Goods with local requirements or regulations if the international delivery of the Goods is made.

5.8. The buyer and any user of the Internet store may not perform actions that would be directed against the security of the system or interfere with the operation of IT systems and the Internet store. In case of detection of violations, the Company reserves the right to unilaterally stop the sale of Goods or cancel orders.

5.9. If, in accordance with the Terms, the Company is obliged to refund to the Buyer the amount of money it paid for the Goods and their delivery, the Company shall refund this amount of money to the Buyer in the same payment method that the Buyer used when purchasing the Goods, except for cases where the Buyer has expressly agreed to another means of payment and the Company agrees for using another means of payment or other payment details.

5.10. The buyer confirms that he is a natural or legal person capable of acting and that he has the right to buy Goods in this Internet store.

6. Product quality and commercial guarantee

6.1. The manufacturer of the goods is indicated on the packaging of the goods.

6.2. After receiving the Goods, the Buyer is responsible for maintaining the quality and safety.

6.3. Before using the Goods, the Buyer is obliged to familiarize himself with the marking of the Goods and/or the information indicated on the packaging of the Goods, and/or the instructions for use.

6.4. The Buyer is responsible that the Goods are not used by persons who, due to age, physical characteristics or other reasons, may be harmed by the Goods or who have restrictions on obtaining or using the relevant Goods.

6.5. The legal responsibility for the compliance of the Goods with the terms of the contract is applicable only to Buyers who are consumers (natural persons who express a desire to purchase, purchase or could purchase or use the Product for a purpose that is not related to its economic or professional activity).

6.6. The consumer has the right to submit a claim to the Company regarding non-compliance of the Goods with the terms of the contract within 2 (two) years from the date of delivery of the Goods. The consumer submits a claim to the Company within two months from the day he discovered the non-compliance of the Goods with the terms of the contract. The day when the relevant Product has been issued to the consumer (received from the supplier) is considered the day of delivery of the Goods, unless another date is justified.

6.7. Only a direct indication that the relevant Product has a guarantee (commercial guarantee) with specific provisions shall be considered a commercial guarantee. A general description of the Product or general information about the relevant type and characteristics of the Product cannot be considered as the terms of the commercial guarantee.

6.8. When handing over the Product for repair of the commercial guarantee (if the manufacturer has provided for it) or repair necessary for the Product compliance agreement, the Buyer must independently deliver it to the Company (except if the applicable regulatory acts or the provided certificates do not provide for the obligation of delivery to the Company), the Product must be clean and complete.

6.9. If the consumer does not follow any of the manufacturer's instructions, then he loses the opportunity to use the right of withdrawal and/or to raise claims related to the non-conformity of the Goods contract.

6.10. When filing a claim for non-compliance of the Goods with the terms of the contract, the consumer shall attach a copy of the transaction document to the claim application.

6.11. Liability for non-compliance of the Goods with the terms of the contract is not applicable if the damage to the Goods is due to the consumer's own fault and/or the Goods are subject to natural wear and tear, and/or the Goods are used for unintended purposes, and/or the Goods are damaged as a result of exposure to external conditions, and/or the Goods are inappropriately or improperly stored, and/or the Goods have been used in economic (professional) activities.

7. Right of withdrawal

7.1. The right of refusal can be exercised only by Buyers who are consumers (natural persons who express a desire to purchase, purchase or could purchase or use the Goods or services for a purpose that is not related to their economic or professional activity). The consumer can exercise the right of withdrawal and unilaterally withdraw from the purchase contract within 14 days from the day of receipt of the Goods (part of the Goods) (by notifying the Company thereof).

7.2. In order for the consumer to exercise the right of withdrawal, the Goods must be unused, undamaged and in their original condition (undamaged labels, protective films, packaging, etc.). The consumer, using the right of refusal, is responsible for any kind of reduction in the value of the Product, if the Product has been used in a way that is incompatible with the principle of good faith, including for a purpose other than to determine the properties or operation of the Product.

7.3. The use of the goods to clarify and check its properties and type can be done only to the extent that it would be possible to do it in the store, otherwise it will not be possible to exercise the right of refusal.

7.4. The right of withdrawal cannot be used in cases where it is provided for by regulatory acts, including, but not limited to, when the Product is manufactured according to the consumer's instructions; The item is clearly personalized; the consumer has opened the packaging of the Goods, which cannot be returned due to health and hygiene reasons; The price of the goods depends on the fluctuations of the financial market, which the Company cannot control and which may occur during the right of withdrawal.

7.5. If the consumer wants to exercise the right of withdrawal, he must send the Company a completed right of withdrawal form to the Company's address or e-mail, indicating the consumer's name, surname, contact information of the consumer, the name of the purchased Goods, the purchase price and delivery costs of the Goods, the consumer's bank account number, notification for withdrawing from the Goods Purchase Agreement. The consumer is also obliged to attach a document confirming the purchase.

7.6. The consumer is obliged to deliver the Goods to the Company within 14 days after sending the written refusal (if the consumer has received the Goods). The Company has the right not to refund the amount of money paid to the consumer for the Goods until the consumer has delivered the Goods to the Company. If the consumer does not comply with the deadline for returning the Goods specified in this paragraph, then the right of withdrawal is lost.

The consumer opt-out form is available here.

7.7. It is preferable to return the goods with the entire (undamaged) packaging. If the consumer does not ensure the condition of the Goods specified in this clause, then the right of withdrawal is lost. Returning the goods must be done by mail or delivery to the address specified by the Company, and the return shipping costs are covered by the Buyer (consumer).

7.8. In case of refusal, the Company shall refund the money paid for the Goods subject to refusal no later than 14 days from the notification of the exercise of the right of refusal, the receipt of the Goods and other necessary information. The Company does not reimburse the expenses (part of them) for the delivery of the Goods, which are greater than the standard cheapest way of receiving, as well as in the case that the Buyer himself has provided for the receipt/delivery of the Goods.

8. Dispute resolution

8.1. Dispute resolution - Please submit complaints about services and the purchase of Goods electronically, by sending them to the Company's e-mail address or the Company's postal address specified in the Regulations. The complaint will be considered within 15 working days from the day of receipt of the complaint, with a reply sent to the contact address specified in the complaint.

8.2. If the complaint is recognized as unfounded and the Buyer, who is a consumer, does not agree to the recognition of the complaint as unfounded, the consumer has the right to use the alternative dispute resolution options provided for in the regulatory acts by submitting a written application for out-of-court dispute resolution, stating:

name, surname, contact information;
date of submission of the application;
the essence of the dispute, the claims and their justification.

8.3. Information on out-of-court dispute resolution options and out-of-court dispute resolvers:
Dispute resolution process: http://www.ptac.gov.lv/lv/content/stridu-risinasanas process
Database of out-of-court dispute resolvers: http://www.ptac.gov.lv/lv/content/arpustiesas pateretaju-stridu-risinataju-datubaze
According to Regulation no. 524/2013, a platform for online dispute resolution has been established, and you have the right to use it to resolve a dispute with the Company - https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

9. Privacy and data protection

9.1. All personal data of the Buyer entered in the Internet store and/or transferred to the Company are processed in accordance with the laws and regulations of the Republic of Latvia and the General Data Protection Regulation, ensuring their appropriate protection. The Company does not use or share the obtained information, which the Buyer provides online, without a legal basis.

9.2. The Buyer is obliged to familiarize himself with the information on the Company's processing of personal data (privacy policy) provided in the Internet store before purchasing the Goods. By using the Internet store, the Buyer confirms that he has familiarized himself with the information provided by the Company on the processing of personal data.

9.3. The controller of personal data processing of buyers is the Company.

9.4. The main purposes of the processing of the Buyer's personal data - for the conclusion and execution of the Terms (agreement) (incl. identification of the Buyer, processing and receipt of orders for goods, sale and delivery, ensuring the functionality of users registered on the Internet site), in order to fulfill the requirements of the law (incl. prepare accounting documents, including invoices, repay due sums of money, administer financial and other obligations), as well as for the exercise and defense of their legal rights. With the consent of the individual data subject, the purpose of data processing may also be to send commercial shipments.

9.5. In certain cases (for Buyers and potential customers who are legal entities or upon receiving the consent of natural persons (data subjects)) the Company may inform the Buyers via e-mail about various types of news related to the Internet store and the Company, and the offer of Goods.

9.6. In cases where, in the course of using the Internet store, the Buyer provides the Company with the data of other natural persons (for example, about the person who will receive the Product or about the representatives of the legal entity), then the Buyer is responsible that this data is provided to the Company legally and the Company may use it for the intended purposes.

9.7. The Company may process personal data of users of the Internet store in an aggregated form for statistical purposes in order to analyze and improve the services and products provided.

9.8. To receive more information about data processing conditions and the Company's privacy policy, click here.

10. Final Provisions

10.1. If the Buyer does not fulfill or improperly fulfills the Terms, violates the requirements of regulatory acts, has caused losses or damage to the Company or third parties, then the Company has the right to refuse the delivery of Goods to the Buyer, deny access to the Internet store, as well as unilaterally cancel orders (by terminating the Goods purchase agreements) .

10.2. All intellectual property rights regarding the Internet store and its content and the Company's trademarks and trade marks belong exclusively to the Company, or to the indicated cooperation partners, or to the manufacturers (distributors). The use of trademarks or other intellectual property owned by the Company in any way, regardless of the purposes, is not permitted without express written permission.

10.3. The Company is not responsible for the content of other websites to which or from which the links of the Internet store lead. The links posted in the online store are provided for convenience only.

10.4. The user of the Internet store agrees that, according to the laws applicable to guests, the parties are not liable in any way (under contract, due to negligence or on other grounds) in connection with any interruption or technical error that occurred to the Buyer when using this Internet store.

10.5. The company does not guarantee uninterrupted and error-free operation of the Internet store, and there may be interruptions in the provision of this service, for example, due to equipment repair or maintenance work. The company is not responsible for damages caused by the use of the Internet store, unless otherwise stipulated by mandatory legal acts.

10.6. If, for any reason, a point of the Terms is not applicable, has become illegal or unenforceable, this does not affect the validity and applicability of the rest of the Terms. If the imperatively applicable rights for the Buyer, who is a consumer, provide for more favorable provisions than those provided for in the Regulations, then in the relevant issues the Parties will be guided by the relevant regulatory enactments.

10.7. The Company has the right to amend or supplement these Terms at any time. The amended Terms enter into force immediately and are applicable to all purchases of Goods made after the new version of the Terms has been posted in the Internet Store.

10.8. The Company is entitled to transfer its rights and obligations arising from the Regulations to a third party.

10.9. The Terms and the Distance Purchase Agreement for Goods are concluded in accordance with the laws of the Republic of Latvia and it is considered that the place of conclusion and performance of the Distance Purchase Agreement is the Republic of Latvia. Even in the event that the delivery of the Goods is planned, which is carried out with the help of delivery companies, this does not change the subordination of these Terms to the laws of the Republic of Latvia.

10.10. All disputes arising between the Buyer and the Company shall be resolved in accordance with the Regulations and the regulatory enactments of the Republic of Latvia. If consideration of the dispute falls within the jurisdiction of the court, the dispute shall be resolved in the court of the Republic of Latvia.

10.11. These Terms do not limit the Buyer's right to apply to the competent state authorities for the protection of his rights.

10.12. The Company shall not be liable for any delay in, or failure to perform, or other failure to perform due to circumstances or impediments beyond the reasonable control of the Company, including but not limited to strikes, government orders, military conflicts, hostilities or national state of emergency, threats of terrorism or acts of terrorism, environmental or climate anomalies, disease control measures, epidemics or pandemics, delays in international deliveries of goods and their components, non-fulfilment of obligations by third parties, disruptions in the Internet connection, as well as failure of computer equipment and software. In case of such force majeure circumstances, the Company will try to eliminate the resulting delays as soon as possible.

10.13. When purchasing Goods or placing an order in the Internet Store, the Buyer confirms that he has familiarized himself with these Terms, that the Buyer is aware of them, that the Buyer understands them and fully agrees with them. The buyer undertakes to familiarize himself with the Terms (its current version) every time he purchases the Product. The buyer is not entitled to order a product in the Internet store if he is not familiar with the Terms or does not agree with them.

To download the distance agreement and the terms of use of the e-store, please click here.