Terms of the distance contract

Valid from 01.03.2024

1. Definitions.
   1. Seller – Limited liability company “Abschliff Latvija”, company reg. No. 40003587250, VAT reg. No. LV40003587250, legal and postal address: Aleksandra Čaka iela 107 K-2, Riga, LV-1011, Latvia, tel. +371 67843844, e-mail: info@abschliff.lv.
   2. Abschliff Latvia online – Seller’s website https://abschliff.lv To conclude the transaction.
   3. Abschliff Latvia store – Seller’s store – warehouse.
   4. Buyer – Buyer who is a natural person who has reached the age of at least 18, who carries out economic activity, or a formation, a legal entity, which concludes a Transaction for final consumption (ie without the right to resell the product), based on the Terms, and whose Goods and Services at the time of receipt, present the confirmation information received by e-mail or telephone to the Seller ” Confirmation for issuing the Order ” and/or name the Order number. In cases where the Terms apply only to the Buyer – Consumer, this is specifically indicated. If only “Buyer” is specified in the Terms, then in general, the specific terms apply both to the Buyer and to the Buyer who is a Consumer.
   5. Consumer – Buyer who is a natural person at least 18 years old and expresses a desire to purchase, purchases or could purchase or use the Product or Service for personal end consumption (ie without the right to sell and/or use the Product for other commercial purposes) and for a purpose that is not related to its economic or professional activity. In cases where the Terms apply only to the Buyer – Consumer, this is specifically indicated.
   6. Transaction – an agreement between the Buyer and the Seller for the purchase of the Product and the provision of the Delivery service (if the Buyer has ordered the Delivery service), which was concluded in absentia, using means of distance communication – Abschliff Latvija online, e-mail, telephone.
   7. Profile – Abschliff Latvija online A user profile created by the Buyer for the transaction, which stores the history of the Transactions concluded by the Buyer (including information on the orders placed), the Buyer’s contact information, the delivery address of the Order and other information/data entered/specified by the Buyer.
   8. Product or Products – products that the Seller offers for sale on the Abschliff Latvija online site at prices determined by the Seller. The price of a specific product on the Abschliff Latvija online website may differ from the price of the same product in the Abschliff Latvija store. The Product images posted on the Abschliff Latvija online website are illustrative. The Seller does not guarantee that the screen of the Buyer’s device accurately reflects the colors of the Product. The buyer understands that the Goods may not materially differ from the images. Abschliff Latvija online lists the Goods which, due to their characteristics, cannot be delivered to the Buyer in certain weather conditions.
   9. Delivery service – an additional service determined by the Seller on the Abschliff Latvija online site at a price determined by the Seller, as a result of which the Seller transfers the right to the Product to the Buyer at his own expense in accordance with the Order and Transaction. The price of the delivery service may differ from the price of the same Delivery service in the Abschliff Latvija store. The price of the delivery service may be increased by the assembly fee if the Buyer wants faster preparation of the Product for delivery as specified in the Profile or if the Buyer has become aware of it by contacting the Seller by phone or e-mail. In any case, the assembly fee is applied only if the Seller can prepare the Product for delivery faster.
   10. Shopping cart – Abschliff Latvija online An order created by the buyer, which includes the ordered goods and the delivery service, as well as other parameters necessary for placing the order and concluding the transaction.
   11. Order – an offer expressed by the Buyer to buy Goods and Delivery services from the Seller in the amount specified by the Buyer, as provided in the Shopping Cart.
   12. Order number – a unique number assigned to the Buyer’s Order.
   13. Confirmation for delivery of the Order – Confirmation provided by the Seller in the Buyer’s e-mail and/or text message sent to the phone that the Order is completed and prepared for delivery.
   14. Terms – these terms of the distance contract, which determine the procedure for remote (distance) buying and selling carried out on the Abschliff Latvija online website, by phone or e-mail, the obligations and rights of the Seller and the Buyer, including the right of refusal of the Buyer – Consumer, the responsibility of the Parties, and also regulates other issues related to the purchase and sale of Goods and/or services.
   15. Parties – Buyer and Seller together.
   16. Invoice – Invoice issued by the Seller for payment of the Order – prepared electronically and valid without the Seller’s signature. The invoice confirms the conclusion of the Transaction. The invoice (and the prices specified in it) are valid until the end of the payment term specified in it or the offer term specified in the Invoice).
   17. Privacy policy – Buyer’s consent to the processing of Buyer’s data. Before concluding the Transaction, the buyer has agreed to the Privacy Policy by ticking Abschliff Latvija online in the relevant fields.
2. Placing an order
   1. The buyer can place the order: (1) Abschliff Latvija online; (2) When ordering the Product by phone, calling +371 67843844; or (3) When ordering the Product, by sending your Order to the Seller’s e-mail info@abschliff.lv.
   2. If the Buyer contacts the Seller by phone and/or e-mail with a request to the Seller to prepare an offer for the Product and Delivery service, the Seller sends the offer to the e-mail specified by the Buyer and, after receiving confirmation from the Buyer, sends the Seller’s Invoice to the Buyer’s e-mail for payment of the Order. By paying the Invoice to the Seller, the Buyer has agreed to the Terms and Privacy Policy.
   3. Placing an order in Abschliff Latvija online is done when the Buyer creates a Profile in Abschliff Latvija online or by placing a one-time Order without creating a Profile.
   4. The Abschliff Latvija online website does not provide the possibility of receiving an order volume bonus, color tinting, product trimming, etc. services. For the possibility of purchasing such services, the Buyer must contact the Seller separately, using the Seller’s contact information specified in the preamble to the Terms.
   5. The Seller sells on the Abschliff Latvija online site, and the Buyer buys the Product and Delivery service from the Seller at the prices determined by the Seller. The Parties individually agree on the range and quantity of the Product and Delivery service, each time the Buyer concludes each new Transaction, leaving the Seller the right to determine the minimum and/or maximum quantity of specific Goods in one Order.
   6. The Buyer becomes the owner of the Product and the responsibility for its accidental loss or damage passes to the Buyer when the Buyer or another person receiving the Product, citing the specific Order number.
   7. The Seller is not responsible for the consequences that may occur to the Buyer if, for reasons independent of the Seller’s actions, the Profile password created by the Buyer, the Order number and/or the Confirmation for Issuing the Order has come into the possession of third parties.
3. Creating a profile
   1. If the Buyer wants to place an Order with Abschliff Latvija online, the Buyer – Consumer fills in the required fields of Abschliff Latvija online, including his name, surname, e-mail address, telephone number.
   2. Buyer – a natural person, an organization that is a performer of economic activity and/or a legal entity in Abschliff Latvija online, among other things, enter the Buyer’s name, surname or name of the legal entity, registration number in the relevant fields (if the person is registered only as a tax payer – then the tax payer’s number ), VAT registration number (if any), e-mail address, telephone number and name of the representative.
   3. Profile registration is possible if the Buyer has confirmed his familiarity with the Privacy Policy and Terms by ticking Abschliff Latvija online in the relevant fields.
   4. After registering the Profile, the Buyer receives a confirmation sent by the Seller to the e-mail address specified in the Profile to complete the creation of the Profile.
4. Transaction
   1. Regardless of whether the Buyer has created a Profile or is placing a one-time Order at Abschliff Latvija online, the Buyer has confirmed his familiarity with the Privacy Policy and Terms before concluding the Transaction, having agreed to them by ticking Abschliff Latvija online in the relevant fields.
   2. The Abschliff Latvija online transaction is concluded when all the following prerequisites are met:
      1. The buyer has given Abschliff Latvija online his consent to the Privacy Policy and Terms by marking Abschliff Latvija online in the relevant fields;
      2. The buyer has selected the goods and delivery services offered on the Abschliff Latvija online website and added them to the shopping cart;
      3. The buyer has specified the Product, the delivery address (if Delivery service is required) or the Abschliff Latvija store as the point of receipt of the Product;
      4. The Abschliff Latvija online buyer has pressed the “Confirm and pay for the Order” button in the shopping cart;
      5. The Buyer has made his chosen online payment for the Order;
      6. The buyer has received confirmation from Abschliff Latvija online – “Transaction concluded and accepted for processing”;
      7. The Seller has sent the Buyer the Confirmation for issuing the Order.
   3. The Abschliff Latvija online transaction is concluded with the Buyer, who is a natural person, organization and/or legal entity, which is a performer of economic activity and if the Order contains product/s that must be subject to a special value added tax (VAT) application regime when the following prerequisites are met:
      1. The buyer has fulfilled all the prerequisites specified in Clause 4.2 (1) to (3) of the Regulations;
      2. The buyer has pressed the “Send request” button;
      3. The buyer has received confirmation that the “Transaction has been concluded and accepted for processing”;
      4. The Buyer has received and paid the Invoice;
      5. The Seller has sent the Buyer the Confirmation for issuing the Order.
   4. In the case referred to in Clause 4.3 of the Regulations, the Seller, after the Buyer has pressed the “Send request” button, will process the Order and contact the Buyer to clarify delivery information and prepare an Invoice for payment including delivery costs and VAT applicable to the Product.
   5. In the case mentioned in Clause 4.3 of the Regulations, the Seller will send the Buyer “Confirmation for Issuance of the Order” after the Buyer has paid the Invoice.
   6. In the event that the Product ordered by the Buyer is not available to the Seller in whole or in part, as a result of which the Seller cannot execute the Transaction in whole or in part, the Seller informs the Buyer about this by sending the relevant information by e-mail: “Execution of the order is not possible” or “Partial execution of the order is possible” .
   7. In the case referred to in Clause 4.6 of the Regulations, the Seller shall immediately, but not later than within 3 (three) working days, refund the amount of a fully or partially unfulfilled Transaction using the same payment method, including using the same Buyer’s bank account from which the partial payment amount was performed, which the Buyer used for payment, unless the Buyer has expressly agreed to do so otherwise.
   8. The transaction with the Buyer, who contacts the Seller by phone and/or e-mail with a request to the Seller to prepare a Product and Delivery service offer, is concluded after the following conditions have been met:
      1. The seller has sent the offer to the e-mail specified by the buyer;
      2. After receiving confirmation from the Buyer, the Seller sent the Buyer’s e-mail the Seller’s Invoice for the payment of the Order;
      3. The Buyer has paid the Invoice to the Seller and has therefore agreed to the Terms and the Privacy Policy.
5. Payment terms
   1. The Seller informs the Buyer about any costs related to the execution of the Order, which must be paid by the Buyer, and executes the Order only after receiving an unequivocal agreement to pay the costs from the Buyer. A mark made by the Buyer in Abschliff Latvija online in the relevant fields – “Confirm and pay for the Order” or “Send a request” is considered as unequivocal consent. All payments for the Product and Delivery service or any other services of the Seller are made in Euro (EUR) currency.
   2. Buyer – Consumer who places an Order on the Abschliff Latvija online website, pays for the Product, Equipment rental service and Delivery service in one of the specified ways: paying online with a bank payment card or by bank transfer.
   3. Buyer – an economic operator who is a VAT payer, who places an Order on the Abschliff Latvija online website for the Product and the Delivery service, settles with a bank transfer based on the received Invoice. The invoice must be paid within 5 (five) days after it is sent.
   4. When making a payment by bank transfer, the Buyer must specify the Order number in the bank payment destination section. If the Order number is not specified or is specified incorrectly, the Seller is not responsible for incorrect payment entry and/or delay in delivery of the Product or other inconveniences to the Buyer in this regard.
   5. The Buyer, who places an Order by telephone or e-mail, for the Product, will pay for the Delivery service in one of the following ways:
      1. by bank transfer based on the received Invoice;
      2. with the payment method accepted by the Parties at the point of receipt of the Goods, based on the received Invoice.
6. Receiving the product. Delivery service
   1. Ways of receiving the goods provided by the Seller:
      1. Removal/receipt of the product when the Buyer arrives at the Abschliff Latvija store;
      2. Delivery service, within the framework of which the Seller provides delivery (takeaway) of the Product to the delivery place specified by the Buyer;
      3. Delivery service, within the framework of which the Seller provides the delivery (takeaway) of the Product to the delivery place indicated by the Buyer, additionally performing the unloading and/or delivery service;
   2. The buyer can freely choose the Delivery service he needs and the one offered by the Seller, by ticking the relevant fields in Abschliff Latvija online. Also, the Buyer can freely choose the Delivery and/or other service offered by the Seller, if the Buyer orders the Product by phone and/or e-mail.
   3. As soon as the Order is prepared for delivery or receipt at the Abschliff Latvija store for transfer to the Buyer, the Seller sends the Buyer a Confirmation for issuing the Order.
   4. If the Buyer has chosen to receive the Product himself in the Abschliff Latvija store, then in order to receive the paid Product, the Buyer must come to the Abschliff Latvija store chosen by the Buyer and indicated on the Seller’s invoice within 5 (five) working days, during the opening hours of the above-mentioned store, after receiving the Confirmation for Issuing the Order .
   5. Before receiving the Goods in the Abschliff Latvija store, the Buyer must provide the Seller with the Confirmation of Order Issuance, present/mention the Order number and present the original identity document.
   6. If the Buyer does not receive the Product in accordance with Rule 6.4. within the term specified in paragraph 1, the Seller contacts the Buyer to clarify the date of receipt of the Product. If it is not possible to specify a new date of receipt of the Product with the Buyer, in the event of non-receipt of the Product within the period specified in Clause 6.4 of the Regulations, the Transaction is considered canceled on the 16th (sixteenth) day (counting from the day of sending the Confirmation Order for Issuance), and the Seller refunds the amount paid by the Buyer to the Buyer’s bank account from which payment for the Product was received, unless the Buyer has expressly agreed to do so otherwise.
   7. If the Buyer has chosen to receive the Product with delivery to the address indicated by the Buyer, then the delivery is realized after receiving the Confirmation for issuing the Order.
   8. At the time of receiving the product, the Buyer is obliged to check the packaging, quantity and quality (visible damage), assortment, accessories and assembly of the Product.
   9. The Buyer has the right not to accept the Product, upon detecting damage to the Product’s packaging, inconsistency(s) in the Product’s quantity, quality, assortment, accessories and assembly. In this case, the act of non-acceptance of the Product is reviewed.
   10. Upon acceptance of the Product, the Buyer signs the delivery note, thereby certifying that the Product, delivered in the appropriate packaging, the Product’s quantity, quality, assortment, accessories, and set-up comply with the Order and the Transaction.
   11. In the event that the Seller has delivered the Product to the Party within the specified time, but the Buyer refuses to accept the Product or is not present at the place of delivery, then re-delivery of the Product is possible only after repeated payment of the Delivery Service from the Buyer.
7. Product expiration date, quality, compliance with the Terms of the Transaction
   1. Products have different expiration dates, different terms of their use, which are determined by the manufacturer, including depending on how long and in what way the properties necessary for the valid use of the specific Products are preserved, how the Product should be used, stored, etc. The buyer has confirmed familiarization with this information and terms for the Product by pressing the button for familiarization with these Terms on the Abschliff Latvia online website. If the Order is placed by telephone and/or e-mail, the Buyer, by paying the Invoice, has confirmed familiarization with these Terms, the Privacy Policy and the information about the Product specified in this paragraph. The information about the Product and/or the Delivery service specified in this paragraph, these Terms and the Privacy Policy are collectively referred to as the Terms of Business.
   2. The Buyer – Consumer is entitled to use the rights set forth in the Law on the Protection of Consumer Rights to submit a claim to the Seller regarding the sale of a Product that does not comply with the Terms of the Transaction and/or the non-compliance of the Delivery Service with the Terms of the Transaction within two years from the date of purchase of the Product or provision of the Delivery Service. The Consumer submits a claim to the Seller within at least two months from the day he discovered the non-compliance of the Product and/or Delivery Service with the Terms of the Transaction. The day when the Buyer received the relevant Product is considered the day of delivery of the Product.
   3. After receiving the claim of the Buyer-Consumer specified in point 7.2, the Seller evaluates it and acts in accordance with the specific circumstances of the case and the norms of the Consumer Rights Protection Law.
   4. The buyer, who is a performer of economic activity, cannot use the rights granted to the Buyer-Consumer in accordance with these Terms and the Law on the Protection of Consumer Rights, including the right of refusal specified in Clause 7.2 and the Buyer-Consumer.
8. Buyer – Consumer’s right of refusal
   1. The Buyer-Consumer has the right to cancel the concluded Transaction within 14 (fourteen) days from the date of delivery (receipt) of the Goods, except for the cases mentioned in the Cabinet of Ministers’ regulations on distance contracts, including if the Product has been opened, is perishable, or is about to expire, as well as if the Product is irreversibly mixed with others due to its properties, as well as if the Product is specially prepared for the Buyer-Consumer and it is not in the form originally prepared by the manufacturer.
   2. The number of terms for exercising the right of withdrawal:
      1. if the Delivery service is provided – from the day of conclusion of the Transaction;
      2. if the Product is purchased – from the day when the Consumer or a third party, who is not the carrier and designated by the Consumer, has obtained possession of the Product;
      3. if the Consumer has ordered several Goods in one order, which are delivered separately, – from the day when the Consumer or a third party, who is not the carrier and indicated by the Consumer, has obtained possession of the last Product;
      4. if the Product is delivered, which consists of several lots or parts – from the day when the Consumer or a third party, who is not the carrier and indicated by the Consumer, has obtained possession of the last lot or part of the Product.
   3. The Buyer – Consumer notifies the Seller of the cancellation of the Transaction, with a free form (or, also use a form) together with a copy of the accounting justification document for the Transaction:
      1. by sending to the Seller’s e-mail info@abschliff.lv, if it is signed with a secure electronic signature; or
      2. or by sending to the Seller’s registered address; or
      3. by submitting it to an Abschliff Latvija employee at an Abschliff Latvija store.
   4. The Buyer – the Consumer shall return or hand over the Goods to the Seller (Abschliff Latvia in the store from which the Goods were received (specified in the delivery note)) within 14 (fourteen) days from the date of submission of the application to the Seller regarding his decision to return the Product (or withdraw from the Transaction). it is considered to be complied with if the Buyer has sent the Goods before the expiration of the 14 (fourteen) day period.
   5. The consumer, using the right of refusal, shall cover the direct costs of returning the Goods in accordance with Clause 19 of the Cabinet of Ministers Regulation on distance contracts.
   6. According to the regulations of the Cabinet of Ministers on distance contracts, the Consumer cannot use the right of withdrawal if:
      1. The Product is made according to the Consumer’s instructions or the Product is clearly personalized;
      2. The product is perishable or soon to expire;
      3. The consumer has opened the packaging for the Product, which cannot be returned due to health and hygiene reasons;
      4. Due to its characteristics, the product is irreversibly mixed with other things after delivery;
      5. The Consumer has requested the Seller to come and perform urgent repairs or maintenance work. If the Seller, when visiting the Consumer, provides an additional service or supplies goods that are not necessary spare parts to perform repairs or maintenance work, the right of refusal is applicable to said additional services or goods.
   7. The Buyer – Consumer, who legally exercises the right of refusal and returns the Goods, will be refunded all the money paid for the Goods. Upon receiving the Goods and evaluating their quality, the Seller shall refund the money for the Goods no later than within 14 (fourteen) days from the day when the Seller was informed of the Consumer’s decision to refuse the Transaction. Refunds will be made using the same payment method that the Consumer used for the original Transaction, unless the Consumer has expressly agreed to do so otherwise. If the Buyer has not clearly expressed the above-mentioned consent regarding the payment method, then the transaction amount or its part is always refunded to the same account from which it was paid to the Seller.
   8. The Seller may withhold the refund until it has received the Goods back.
   9. The Product to be returned must be undamaged, must not have lost its appearance (product labels, protective films, etc. intact) and must not have been used. The Product to be returned must be in a neat, undamaged original packaging (with instructions and a warranty card, if they were delivered with the Product) in the same composition as the Buyer had purchased it.
   10. When returning the Product, the Buyer must provide the Seller with the original of the relevant delivery note.
   11. The regulations of the Cabinet of Ministers on distance contracts and the right guaranteed to consumers to refuse the Product are not applicable to the buyer – economic activity performer, formations or legal entities. The persons mentioned in this paragraph are entitled to return the Product to the Seller if it does not correspond to the information provided by the Seller about the Product or if it reveals hidden defects.
9. Final Terms
   1. In case of disagreement, the Terms in force at the time of conclusion of the Transaction shall be followed. The Parties try to resolve disagreements first through mutual negotiations.
   2. All notices, letters and other documents of the Parties, in case of any disputes, shall be sent to each other by registered mail to the addresses provided by the Parties, and they shall be deemed to have been notified on the 7th day after their delivery by mail. If the Party changes its address, other details or representatives, it must notify the other Party within 2 (two) working days.
   3. A Party that is unable to fully or partially fulfill its obligations due to force majeure that cannot be influenced by the Parties, such as war, natural disasters and similar events, shall notify the other Party within 5 (five) working days and prove to it that force majeure has occurred circumstances and all reasonable measures have been taken to execute the Transaction.
   4. In case of force majeure that lasts more than 3 (three) months, either Party has the right to unilaterally terminate the execution of the Transaction without compensating the other Party for the losses caused.
   5. All issues not stipulated in the Terms and/or not discussed during the conclusion of the Transaction shall be resolved by the Parties in accordance with the legislation in force in the Republic of Latvia.
   6. All disputes and disagreements between the Seller and the Buyer-Consumer regarding the execution and/or realization of the Transaction, as well as all questions regarding the existence, validity or termination of the Transaction and/or the quality of the goods or other defects, shall be resolved by the Parties in accordance with the regulations of the Cabinet of Ministers on distance contracts and /or the procedures set forth in the Law on the Protection of Consumer Rights.
   7. The Buyer – Consumer, who believes that the Seller has violated his rights or legitimate interest in connection with the execution of the Transaction (distance contract), must first contact the Seller in writing (using the contact information specified in the preamble of these Terms) and state his requirements.
   8. If the Buyer – Consumer does not agree with the Seller’s decision, he can apply to the Consumer Rights Protection Center in accordance with the procedure specified in the Consumer Rights Protection Law. Buyer – The consumer has the right to also use out-of-court dispute resolution options, including the right to file a complaint with consumer rights protection institutions and/or court.
   9. If any clause of these Terms is found to be illegal, invalid or unenforceable, the remaining provisions of these Terms shall remain valid and applicable in full.
   10. The seller reserves the right unilaterally:
       1. change the Terms, Privacy Policy and conditions without separately informing the Buyer about the performance of these actions. The Transaction is governed by the Terms, the version of which was in effect at the time of concluding the Transaction, even if the Buyer created his Profile before the Terms were changed;
       2. terminate the Transaction and refuse further cooperation/further Transactions and/or Orders if the Buyer does not comply with these Terms.
   11. The Seller is not responsible for any damages that the Buyer may incur as a result of violating these Terms.
   12. If the Consumer uses Abschliff Latvija online, e-mail or telephone for the purpose of purchasing Goods and Delivery service, then in addition to these Regulations, the legal norms in force in the Republic of Latvia relating to distance contracts are applied, including the Law on the Protection of Consumer Rights, the Regulations of the Cabinet of Ministers on distance contracts and others. In cases where the Terms apply only to the Buyer-Consumer, this is specifically indicated – in particular, such terms refer to the Buyer-Consumer’s right of refusal and dispute resolution procedures.