Distance purchase agreement

This distance purchase agreement is concluded between Kafijas Banka SIA, vien. reg. No. 40103623863, legal address: Babītes nov., Babītes parish, Pinķi, Jaunā iela 12 k-18, Lv-2107 (hereinafter - the Seller), and a natural or legal person (hereinafter - the Buyer) who places an order and purchases the goods online on the trading website www.kafijasbanka.lv (hereinafter - the Website).
1. SUBJECT OF AGREEMENT

1.1. The Buyer orders, buys and pays, while the Seller delivers and sells the goods placed on the Website and chosen by the Buyer in accordance with the terms of this distance agreement (hereinafter - the Agreement).
1.2. The Agreement is binding on all product orders and purchases made on the Website.

2. REGISTRATION

2.1. In order to be able to purchase the goods offered on the Website, the Buyer does not need to create his personal account.

3. PLACING THE ORDER

3.1. The buyer chooses the product after getting acquainted with its description, characteristics, main features and price, as well as evaluating its validity and compliance with his needs.
3.2. The buyer, confirming the product order, fills out the order form, indicating:
accurate information about yourself (name, surname, contact phone number, e-mail address);
the selected delivery method and delivery address (if the selected delivery method requires an address);
the selected payment method; and
comments (if the Buyer chooses to indicate them).
3.3. The buyer is responsible for filling out the order form accurately and providing correct data. The Seller is not responsible for losses incurred by the Buyer or a third party due to the Buyer specifying an incorrect delivery address or incomplete data.
3.4. Upon receiving the Buyer's order, the Seller sends the Buyer an order confirmation by e-mail. If the Buyer does not receive a confirmation e-mail from the Seller, then the Buyer's order has not been accepted and this Agreement has not entered into force.
3.5. The buyer, by confirming this contract and purchasing products whose use and purchase restrictions are determined by the laws of the Republic of Latvia, confirms that he is at least 18 years old.

4. ENTRY INTO FORCE OF AGREEMENT

4.1. The contract comes into force at the moment when the Buyer has placed an order for the product on the Website.
 

5. PRODUCT PRICE AND DELIVERY COSTS

5.1. The price of the product on the Website is indicated in EUR, including value added tax at the rate specified in the laws and regulations in force in the Republic of Latvia. The product is sold to the Buyer at the price valid on the Website at the time of placing the order.
5.2. The price of the product does not include the cost of delivery of the product. Product delivery costs are applied separately according to the type of delivery chosen by the Buyer. The cost of delivery of the product is indicated on the Website to the Buyer before the order is confirmed and is included in the invoice issued by the Seller. The cost of product delivery includes value added tax at the rate specified in the laws and regulations in force in the Republic of Latvia.

6. SETTLEMENT PROCEDURE

6.1. The buyer is obliged to pay for the product and the chosen delivery method in accordance with the procedure and within the term specified in the Agreement.
6.2. The Buyer makes payment for the ordered product and delivery method in accordance with the payment method selected on the Buyer's Website.
6.3. Payment for the product and the chosen delivery method is considered to have been made at the moment when the Seller has received the payment amount for the product and the chosen delivery method in full.
6.4. If, in accordance with the terms of this Agreement, the Seller is obliged to refund the amount of money paid to the Buyer for the product and its delivery, the Seller shall refund the aforementioned amount to the Buyer in the same payment method that the Buyer used when purchasing the item, except in cases where the Buyer has expressly agreed to another means of payment and the Buyer does not have to pay for using such a means of payment.

7. PRODUCT DELIVERY

7.1. When placing an order, the buyer can choose any of the delivery methods indicated on the website www.kafijasbanka.lv.
7.2. The Seller and the Buyer agree that the delivery costs of the goods specified in Clause 7.1 of the Agreement may change, in accordance with changes in the tariffs set by the delivery service provider.
7.3. The average delivery time is 1 to 3 working days in the territory of Latvia. Pre-determined delivery times may vary depending on product availability in stock. The Seller reserves the right to deliver the goods to the Buyer within 30 (thirty) calendar days from the day of order confirmation or within another term mutually agreed upon by the Seller and the Buyer. If the goods ordered by the Buyer are not in the Seller's warehouse or there are not enough of them, the Seller shall notify the Buyer thereof. In such a case, the Buyer has the right to unilaterally withdraw from the Agreement, while the Seller is obliged to refund to the Buyer the amount of money paid by him for the product and its delivery without unreasonable delay, but no later than within 5 (five) working days from the date of termination of the Agreement.
7.4. The product is delivered only in the territory of the Republic of Latvia or in another territory specified by the Seller. The Seller accepts the order only if the delivery address specified by the Buyer is located in the Republic of Latvia or another territory specified by the Seller.

7.5. The goods ordered by the Buyer are delivered to the address specified in the Buyer's order. The buyer must accept delivery of the product in person. If the delivery of the product was received by another person at the delivery address specified in the order, it is considered that the product was received by the Buyer.

7.6. Depending on the method of delivery of the goods chosen by the Buyer, the Buyer ensures that:

upon receipt of the product on the spot, the delivery of the product is received by the Buyer upon presentation of an identity document;

at the time of product delivery, the Buyer is at the address specified in the order and accepts the product without delay, signs the product delivery document - the delivery note - and makes the necessary marks in it (if any), and also returns a copy of the delivery note to the supplier; or

The buyer receives the product at the pick-up points specified in the buyer's order within the time limit specified in the service provider's notification.

7.7. If the delivery of the goods is not possible due to the Buyer's fault or due to circumstances dependent on the Buyer (including, but not limited to, the Buyer has specified an incorrect delivery address, the Buyer cannot be found at the specified address, the specified address cannot be accessed, the Buyer does not pick up the product at the specified collection points within the term specified in the service provider's notification ), the Seller has the right to refuse to resend the goods to the Buyer and unilaterally withdraw from the Agreement. In such a case, the Seller shall refund to the Buyer the amount of money paid by him for the product and its delivery. If at the time of placing the order payment for the delivery of the goods was not applied to the Buyer or a discount was granted for the delivery of the goods, but the delivery of the goods is not possible due to the fault of the Buyer, the Seller reserves the right to deduct the full payment for the delivery of the goods from the amount to be refunded to the Buyer.

7.8. By signing the invoice, delivery note or other handover/acceptance document (hereinafter referred to as the delivery confirmation), the Buyer confirms that the product has been delivered in good condition and that its packaging has not been damaged.

7.9. If, upon delivery of the product, the packaging of the product is wrinkled, wet or otherwise damaged from the outside, the Buyer must indicate such defects in the delivery confirmation or draw up a separate document about such defects. The buyer must do this in the presence of the supplier of the goods. The seller is not responsible for such defects of the product that were obvious at the time of its delivery, but were not indicated in the confirmation of delivery of the product.

7.10. Upon delivery of the goods to the Buyer, the risk of loss or damage to the goods shall pass to the Buyer at the moment when the goods have been delivered to the Buyer in accordance with this Agreement.

8. Payment on the Internet

8.1. If the Buyer (consumer) chooses to pay online, then in case of successful payment, the consumer is immediately sent an invoice with confirmation.

8.2. If the buyer (consumer) chooses to pay by bank transfer, the Supplier automatically prepares an invoice. The invoice is prepared electronically and is valid without a signature.

9. CLAIMS FOR GOODS NOT CONFORMING TO THE TERMS OF THE CONTRACT

9.1. At the time of product delivery, the Buyer is obliged to make sure that the product complies with the Buyer's order and the terms of the Agreement (for example, it is necessary to make sure that the product's name, taste and other important obvious parameters are appropriate).

9.2. If the Buyer (legal entity) finds that the delivered product does not comply with the Buyer's order or the terms of this Agreement, the Buyer (legal entity) must inform the Seller about the non-compliant product without undue delay by sending a written submission to the Seller stating the non-compliance of the product with the Buyer's order or the terms of the Agreement. The Seller checks the conditions indicated in the application within 5 (five) working days from the moment of its receipt and contacts the Buyer to find a solution to the situation.

9.3. If the Buyer (consumer) finds that the delivered goods do not comply with the Buyer's order or the provisions of this Agreement, the Buyer has the right to submit a claim to the Seller for non-compliance of the goods with the provisions of the Agreement within 2 (two) years from the date of purchase of the goods, by submitting a written claim to the Buyer stating the non-compliance of the goods to the Buyer's order or the terms of the Agreement to the Seller within 2 (two) months from the day when the Buyer discovered the non-compliance of the goods with the Buyer's order or the terms of the Agreement. The point applies to coffee machines.

9.4. If the Buyer (consumer) finds that the delivered goods do not comply with the Buyer's order or the terms of this Agreement, the Buyer has the right to submit a claim to the Seller regarding the non-compliance of the goods with the terms of the Agreement within 14 (fourteen) days from the day of purchase of the goods, by submitting a written claim to the Buyer stating the non-compliance of the goods For the Buyer's order or the terms of the Agreement to the Seller within 14 (fourteen) days from the day when the Buyer discovered the non-compliance of the goods with the Buyer's order or the terms of the Agreement. The product must be able to be delivered to the Seller in its original packaging, in the same condition as it was purchased. The point applies to coffee packaging products.

9.5. If the Buyer (consumer) has been sold a product that does not comply with the order or the terms of the Agreement, and its non-compliance is not considered to be minor in accordance with the terms of the Agreement, the Buyer has the right to demand that the Seller, free of charge, eliminates the non-compliance of the product with the order or the terms of the Agreement or exchanges the product for one that would ensure compliance order or the terms of the Agreement, except when this is impossible or disproportionate. In the event that the Seller has not performed the above-mentioned actions within a reasonable period of time or has performed them causing significant inconvenience to the Buyer, the Buyer has the right to ask the Seller to reduce the price of the product or to cancel the Agreement and to ask the Seller to refund the amount of money paid for the product. When reducing the price or canceling the Agreement and returning the amount of money paid for the product to the Buyer, the Seller is entitled to take into account the depreciation of the product.

9.5. The application for non-compliance of the goods with the Buyer's order or the terms of the Agreement can be sent to:

by mail to the address: Babītes nov., Babītes parish, Pinķi, Jaunā iela 12 k-18, Lv-2107; or

electronically to the Seller's e-mail address: info@kafijasbanka.lv.

10. USE OF THE PRODUCT

10.1. Before starting to use the product, the Buyer is obliged to carefully read the terms of use of the product.

10.2. The product may be used only in accordance with its manufacturer's instructions and terms of use and in accordance with the characteristics of this product and the intended purposes of use.

10.3. Upon receiving the product, the buyer (consumer) has the right to get acquainted with the clarification of the nature, characteristics and operation of the product to the extent that it would be possible to do so by purchasing the product in person.

11. RIGHTS OF REFUSAL AND THEIR EXERCISE

11.1. The buyer (consumer) is entitled to use the Consumer Rights Protection Law of the Republic of Latvia and the Cabinet of Ministers regulations of May 20, 2014 no. 255 "Regulations on the distance contract" includes the right of refusal and to unilaterally withdraw from the Agreement without providing the Seller with any justification for this. Information on how to use the Buyer's (consumer's) right of refusal is provided in the Terms of Use of the Right of Refusal, which is an integral part of this Agreement.

11.3. The buyer (consumer) has the right to withdraw from this contract within 14 (fourteen) days without giving a reason. The right of withdrawal expired after 14 days from the date of conclusion of the contract.

11.4. After sending the refusal, the buyer (consumer) must return the product to the seller within 5 (five) days to the store located in Babītes nov., Babītes parish, Pinķi, Jaunā iela 12 k-18, LV-2107, Pinķi. After receiving the goods, the money is returned to the buyer's account within 1 (one) day, with a bank payment.

11.5 In order to exercise the right of withdrawal, the Buyer (consumer) must send the Supplier a request for a withdrawal form or a clear, free-form statement containing the Consumer's name, surname, address, phone number and e-mail address.

11.6. In order for the deadline for the right of withdrawal to be respected, it is sufficient if the Buyer (consumer) sends his notification about exercising the right of withdrawal before the expiry of the right of withdrawal.

12. DISPUTE RESOLUTION PROCEDURES

12.1. 11.2-11.6 of the Agreement. the provisions of paragraph 1 are applicable to the resolution of disputes, disagreements or disagreements that have arisen between the Buyer (consumer) and the Seller.

12.2. Any dispute, disagreement or disagreement that arises between the Buyer (consumer) and the Seller shall be resolved through negotiations, with the Buyer and the Seller trying to reach an agreement. If it is not possible to resolve the dispute through negotiation, the Buyer submits a written submission to the Seller by sending it to the Seller's e-mail address: info@kafijasbanka.lv. The buyer states in the application:

your name, surname and contact information;

date of submission of the application;

the essence of the dispute, your claim and its justification.

12.3. The buyer shall attach to the application copies of documents confirming the transaction, as well as other documents supporting the application (if applicable).

12.4. Within 15 (fifteen) working days from the date of receipt of the application, the Seller shall provide the Buyer with a written response by sending it to the Buyer's e-mail address specified in the application. In the response, the Seller informs the Buyer about:

the possible way of fulfilling the claim; or

resolution of the dispute, if no agreement has been reached on the fulfillment of the Buyer's claim or an alternative way of fulfilling the claim within the above-mentioned period; or groundlessness of the claim and refusal to fulfill it.

12.5. If for objective reasons it is not possible for the Seller to provide an answer to the Buyer's application within the time limit specified in clause 11.4, the Seller shall immediately inform the Buyer in writing, specifying a reasonable time limit in which the answer will be provided, as well as justifying the need for such an extension.

12.6. If the Seller recognizes the complaint submitted by the Buyer as unfounded, while the Buyer does not agree with the recognition of the complaint as unfounded, or the Buyer is not satisfied with the solution to the dispute offered by the Seller, the Buyer has the right to use the alternative dispute resolution options provided for in the Law on the Protection of Consumer Rights of the Republic of Latvia or to appeal to the Seller in the courts of the Republic of Latvia jurisdiction in accordance with the laws and regulations in force in the Republic of Latvia.

12.7. Any dispute, disagreement, disagreement or claim that arises between the Buyer (a legal entity) who is not recognized as a consumer and the Seller and that results from the Agreement, which affects the breach, termination or invalidity of the Agreement, will be settled in the courts of the Republic of Latvia after jurisdiction in accordance with the laws and regulations in force in the Republic of Latvia.

13. PERSONAL DATA

13.1. By registering and/or ordering a product on the Website, the Buyer gives the right to the Seller, as the controller of personal data, to select, accumulate, systematize and use all the information and data that the Buyer has directly or indirectly provided on the Website. Additional information on the processing of personal data by the Seller is provided in the Privacy Policy, which is an integral part of this Agreement.

14. LIABILITY

14.1. The Seller is released from any responsibility in all cases where losses occur due to the fact that the Buyer acts illegally or contrary to the provisions of this Agreement.

14.2. In case of damages, the guilty party compensates the other party for the direct damages.

14.3. The Seller is not responsible for delays in the fulfillment of obligations or their non-fulfillment, or other types of non-fulfilment, which occurred in the event of force majeure, that is, due to any circumstances and obstacles that were not known to the Seller at the time of the conclusion of the Agreement and which are beyond the reasonable control of the Seller, including , but not limited to, environmental or climate anomalies, strikes, government orders, hostilities or national emergency, terrorist threats or acts of terrorism, non-performance by third parties, disruptions in the Internet connection, as well as computer equipment and software disruptions or damage. In case of such force majeure circumstances, the Seller will try to eliminate the resulting delays as soon as possible.

15. OTHER TERMS

15.1. The buyer confirms that he is a natural or legal person capable of acting.

15.2. The seller is entitled to transfer his rights and obligations arising from the Agreement to a third party.

15.3. If the Buyer has not made payments to the Seller in accordance with this Agreement, the Seller is entitled to assign its claim against the Buyer to a third party for debt collection. The buyer agrees that in the event of non-payment of the debt, the Seller has the right to transfer the information necessary for debt collection, including personal data, to third parties who may process this data in accordance with the requirements of the applicable laws and regulations.

15.4. This Agreement has been prepared in accordance with the laws and regulations in force in the Republic of Latvia. Questions that are not regulated by the provisions of the Agreement will be resolved by the Buyer and the Seller in accordance with the laws and regulations in force in the Republic of Latvia.

15.5. The norms of the Law on Protection of Consumer Rights of the Republic of Latvia apply only to the Buyer - a consumer who, according to the third part of Article 1 of the Law on Protection of Consumer Rights of the Republic of Latvia, is a natural person who expresses a desire to purchase, purchases or could purchase or use a product for a purpose that is not related to its economic or professional activity.

15.6. The buyer can familiarize himself with additional information about the exercise of the right of refusal and the resolution of disputes on the website of the Consumer Rights Protection Center: www.ptac.gov.lv.

15.7. By placing an order on the Website, the Buyer confirms that he is familiar with this Agreement and the provisions contained therein, 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 of the Agreement each time the product is purchased. The buyer is not entitled to order the product on the Website if he is not familiar with the terms of the Agreement or does not agree with them.

16. CONTACT INFORMATION

16.1. All Buyer's questions related to this Agreement or the execution of its provisions can be asked in writing to the Seller's e-mail address: info@kafijasbanka.lv, or verbally by calling the phone number: +371 22009993