The legislation of the Republic of Latvia
stipulates that the owner of the online shop must stipulate the terms of
delivery and return of goods, as well as the right of withdrawal. Such a
regulation is called a distance agreement (Cabinet of
Ministers regulations).
Distance agreement
1. Subject of the Agreement
1.1. The Seller – “ColibriKin” Ltd., registration No. 40203260398, legal and postal address: 12 Progresa street Apt. 25, Riga LV-1067, Latvia, who is the owner of the internet trading site www.colibrikin.com, hereinafter referred to as the Online Shop, and of the rights held therein, and which in the course of its economic activity under this Distance Agreement, hereinafter referred to as the Agreement, offers and sells the goods to the Buyer;
1.2. The Buyer – a person with
legal capacity who places an order at an online shop. By ordering in the Online
Shop, the person confirms that he/she has the capacity and the right to make
purchases in the Online Shop;
1.3. The Agreement shall be
deemed concluded from the moment when the Buyer has placed the order and paid
for the Goods in accordance with these Terms;
1.4. The Seller is entitled to
unilaterally amend and supplement the terms of the Agreement. When the Buyer
makes an online purchase, the terms of the Agreement in force at the moment of
ordering goods shall apply;
1.5. The Seller has the right to
restrict without notice the Buyer’s use of Online Shop services or to cancel an
order of the Buyer if the Seller believes that the Buyer using the Online Shop
may violate or does violate the terms of the Agreement, attempts to harm the
Seller, the operation or safety of the Online Shop, or any third parties;
1.6. When placing an order, the
Buyer confirms that he/she has read, knows and understands this Agreement and
the terms and conditions contained therein. The Buyer undertakes to familiarize
himself/herself with the terms and conditions of the Agreement at every
purchase. The Buyer is not entitled to order the goods in the Online Shop if
he/she has not read or agreed with the terms and conditions of the Agreement.
2. Personal
data processing
2.1 By entering the necessary information when placing an order, the Buyer confirms that he has read and agrees that the data provided by him is used to enable the Seller to accept the Buyer's order and deliver the goods in accordance with the requirements of the Latvian legislation. By entering the information, the Buyer agrees that notices related to the processing of the Buyer's order will be sent to the specified e-mail.
2.2 The
Buyer is responsible for the accuracy, correctness and completeness of the data
provided. In no event shall the Seller be liable for any loss incurred by the
Buyer or any third party as a result of the Buyer providing incorrect or
incomplete data.
2.3 If
the Buyer uses the services of www.colibrikin.com Online Shop, it is considered
that he agrees to the processing of the Buyer’s personal data and confirms that
all information and personal data provided is correct and true. By ordering and agreeing to the Terms, the Buyer grants
Seller the right, as a personal data controller, to select, store, systematize,
use and otherwise process any and all personal data provided directly
or indirectly by visiting www.colibrikin.com and using its services.
The Buyer can get detailed information on the processing of personal data in the "Terms and Condition" - Privacy Policy" section of the Online Shop.
3. Price of goods, delivery costs and payment procedure
3.1 The prices of goods and services in the order created by www.colibrikin.com are quoted in euros and the prices are indicated – with value added tax. The Goods shall be sold to the Buyer at prices valid in www.colibrikin.com at the time of ordering, unless otherwise agreed by the parties.
3.2 At the time of ordering the
goods, the delivery costs indicated in the Online Shop are valid. The order
amount, consisting of the price of the goods and the cost of delivery, is
available to the Buyer during the order placement process before the order is
confirmed.
3.3 Shipping by Omniva parcel
machines costs € 3.00 per package. Delivery by courier costs €5.00.
International delivery by Latvijas Pasts AS costs € 7.00 per package.
3.4 The Buyer shall pay for the
goods and delivery immediately after placing the order (in advance) using one
of the payment systems specified in the Online Shop;
3.5. The buyer can pay for the goods by
transfer. To do this, when paying, you need to choose the payment method - Bank
transfer. After placing an order, we will send you an invoice to your email
address for payment. The buyer contributes the amount of money to the Seller's
bank account. Upon receipt of funds in our bank account, your order will be
processed according to your chosen delivery method. Pay your invoice within 2
(two) calendar days after receiving the invoice by e-mail, otherwise your order
may be cancelled.
3.6. The client can make an online payment by
credit card using a payment system. To do this, you need to choose the payment
method - Bank cards and internet bank SWEDBANK EveryPay . Mastercard, Visa, Maestro and Visa
Electron cards are accepted for payment.
3.7. Using the Internet bank payment method,
Swedbank customers will be connected to their online bank to make the payment.
3.8. Customers can make an online payment securely in PayPay payment sistem.
3.9. The seller has the right to cancel the order
by informing the Buyer. In this case, the money received will be returned to
the buyer.
4. Assembly, delivery and receipt
of goods
4.1 The Buyer may choose to receive the goods at www.colibrikin.com only with delivery. Delivery of goods is carried out for a fee. The goods are delivered by the Seller or its authorized agent (courier) or the goods are sent via a parcel machine or “Latvijas Pasts”.
4.2 The Seller will make sure
that the Buyer’s order is fully executed, but it cannot be fully guaranteed by
the Seller. If the store does not have the goods ordered or the supply is
short, the Seller has the right not to deliver the goods or to deliver a
smaller quantity of them;
4.3 If the Seller has supplied
the Buyer with an insufficient quantity of the Goods and the sum of the
delivered Goods is less than the Buyer has paid, the Buyer shall be refunded
the difference for the non-delivered Goods. The money paid by the Buyer but not
delivered by the Seller shall be refunded to the bank account specified by the
Buyer within three business days from the order being handed over or delivered.
4.4 The goods ordered by the
Buyer shall be delivered by courier to the address specified in the Buyer’s
order. If the Buyer cannot be found at the delivery address specified in the
Buyer’s order, the Seller shall have the right to transfer the goods to any
other adult at the address specified, but the Buyer shall not be entitled to
make any claims to the Seller for delivery of the goods to an unsuitable
person.
4.5 The Seller shall deliver the
Goods to the Buyer on the date and at the time specified in the order. The
Buyer agrees that, in exceptional cases, delivery of the Goods may be delayed
due to unforeseeable circumstances beyond the Seller’s control. In this case,
the Seller will contact the Buyer and arrange the delivery time.
4.6 If the delivery of the Goods
by courier is not possible due to the Buyer’s fault or circumstances dependent
on the Buyer (the Buyer has provided the wrong address, the Buyer is not present
at the specified address, the specified address cannot be accessed, etc.), the
Goods will not be delivered again delivery (unless the Buyer pays extra for the
re-delivery of the goods), and the money paid for the goods is refundable
excluding delivery fee.
4.7. If the Buyer does not select the goods from the item within 7 days
during delivery by means of the Omniva Pakomat, the goods are returned to the
Seller. After the Seller receives the unclaimed goods back, the value of the
goods is returned to the Buyer within 3 working days from the date of receipt,
with the cost of delivery withheld.
4.8. If the Buyer has not selected the goods from his post office (in
international delivery) within the time limits set at this post office, the
goods will be returned to the Seller. After the Seller receives the unclaimed
goods back, the Buyer is refunded within 5 working days from the date of
receipt of the goods with the cost of delivery.
4.9. The seller ships the goods the next business day after receiving
payment to his account. The approximate delivery time depends on the method of
delivery chosen, as well as on the location of the recipient. The seller cannot
influence the work of postal and courier services. The buyer agrees that in
exceptional cases, the delivery of goods may be delayed due to unforeseen and
independent circumstances from the Seller.
4.10. The terms of international delivery depend on the location of the
recipient and the work of international postal services. Approximate terms of
international delivery: in Europe - within 5-10 working days, USA/Australia -
within 14-21 working days. The buyer has the opportunity to track the delivery
of their order using the Tracking number.
4.11 The
Seller shall be released from liability for failure to deliver goods to the
Buyer if the Goods are not delivered to the Buyer or are not delivered on time
due to the Buyer’s fault or circumstances dependent on the Buyer.
4.12 If the Buyer notices that
the shipment does not contain the correct quantity of goods or the goods
delivered do not match the order and it is not specified in the delivery
document, the Buyer must notify the Seller at the time of to order. Otherwise,
the order shall be deemed to have been properly handed over or delivered, and
the goods confirm with the order.
5.1 The characteristics of all goods sold at www.colibrikin.com Online Shop are generally stated in the description of each item.
5.2 The Seller is not responsible
for the fact that the goods on www.colibrikin.com in their color, shape and
other parameters do not correspond to the actual size, shape and color of the
goods, because the photos of goods on www.colibrikin.com are illustrative.
5.3 Goods with an expiry date are
delivered in such a way that the Buyer has a real opportunity to use these
goods until the expiration date.
5.4 If the Buyer is not satisfied
with the quality of the goods received, the objections must be made in writing
and sent to the E-mail address: [email protected], accompanied by a photo of
the goods.
6. Right of withdrawal. Exchange and return of goods
6.1 Pursuant to the laws and regulations, the Buyer may not exercise the right of withdrawal and the ordered food, drink and other household goods for immediate consumption beyond the time limit specified in these Terms.
6.2 The Buyer may, in certain
cases, exercise the right of withdrawal and unilaterally resign from the
purchase of goods at www.colibrikin.com within 14 calendar days of delivery of
the goods. The right of withdrawal shall not apply to the goods referred to in
paragraph 6.1. The period for exercising the right of withdrawal shall be
counted from the date of receipt of the Good.
6.3 The express right of
withdrawal provided for in Clause 6.2 may only be exercised by a Buyer who,
under the provisions of the Consumer Rights Protection Law of the Republic of
Latvia, is a consumer, that is, a natural person who expresses the desire to
buy, buys or could buy or use an item for reasons not related to his/her
economic or professional activity.
6.4 The Seller shall reimburse
the price of the Goods which the Buyer has returned using the right of withdrawal
within 3 days after acceptance of the Goods. Expenses for delivery of goods to
the store shall be borne by the Buyer (except for goods which do not comply
with the terms of the Agreement). Upon return or exchange of high quality goods
corresponding to the Buyer’s order, the delivery fee shall not be refunded to
the Buyer.
6.5 The buyer is responsible for
maintaining the quality of the product in the event of exercise of the right of
withdrawal. The Buyer shall be liable for any diminution in the value of the
good if the good has been used in a manner inconsistent with the principle of
good faith, including for purposes other than ascertaining the nature of the
good. The goods must be undamaged, unobtrusive (labels not removed, undamaged
protective films, etc.) and unused. The product must be returned in its
original packaging, in the same package as it was received, with instructions
for use and other accessories of the product. If the item is not fully
assembled, damaged, disordered or not properly packaged, the Seller has the
right not to accept the item or to refund the money paid by the Buyer for the
item.
6.6 To exercise the right of
withdrawal, the Buyer shall send the cancellation to [email protected] with
the order number at which the item was ordered, the name of the item and its
price. The Buyer is obliged to return the item within 7 days of sending the
written refusal if the item has been received.
7.1 The Seller shall send all statements and otherwise contact the Buyer using the email address or telephone number specified in the Buyer’s registration or non-registered contact form.
7.2 The Buyer shall send all
notices and inquiries using the means of communication and addresses specified
in the “Contacts” section of www.colibrikin.com.
8. Final provisions
8.1 The relationship between the Buyer and the Seller shall be governed by these Terms and Conditions and the laws of the Republic of Latvia.
8.2 In the event of a loss, the
Party at fault shall indemnify the other Party for the direct damage, in
accordance with the laws of the Republic of Latvia.
8.3 Disputes shall be settled by negotiation. In the event of disagreement, the dispute shall be settled in accordance with the procedure laid down by the legislation of the Republic of Latvia.