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Terms of use (distance contract)
Terms of purchase and sale of goods and services (distance contract) on barrelsbythermory.com website
This distance contract is based on Article 10 of the Consumer Rights Protection Law of the Republic of Latvia, Regulation of the Cabinet of Ministers of the Republic of Latvia of May 28, 2002 No. 207 "Regulations on distance contracts" and DIRECTIVE 2011/83/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL is concluded between SIA "VMS Timber", registered in the Enterprise Register of the Republic of Latvia under reg. No. 45403035414 (hereinafter - the Seller), on the one hand, and a natural person who is a consumer and who acts for purposes not related to his commercial activity, business, craft activity or profession or a legal entity (hereinafter - the Customer), on the other hand, and who makes a purchase on the website of the Seller's online store barrelsbythermory.com, hereinafter referred to as the Website.
Entry into force of the distance contract:
The distance contract comes into force as soon as the Customer has placed an order via the Internet and received confirmation from the Seller of a confirmed order (hereinafter referred to as the Product) via electronic mail. Orders and order confirmations are deemed received when they are accessible by the parties to whom they are addressed.
1. General provisions
1.1. These terms of purchase and sale of goods and services, i.e. the distance contract (hereinafter referred to as the Terms), upon the Customer's approval of them (that is, by reading the Terms and ticking the box next to the statement "I have read and agree to the Terms of Use" indicated on the Website), are parties a legally binding document stating:
- Rights and obligations of the Customer and the Seller;
- Terms and procedures for payment of goods;
- Rules and procedures for delivery and return of goods;
- The responsibility of the parties, as well as other provisions related to the purchase of Goods on the Website.
1.2. The Seller provides the Customer with the opportunity to choose and order (by placing an order for Goods and Services) by concluding a distance contract for the purchase of Goods and Services on the Barrelsbythermory.lv website, which is available 7 (seven) days a week.
1.3. Products purchased in the online store are delivered both in the Republic of Latvia and to other member states of the European Economic Area.
1.4. You have the right to purchase Products on the Website:
1.4.1. for natural persons capable of acting, they are persons who have reached the age of majority, whose actions are not limited in accordance with the procedures established by law;
1.4.2. to legal entities represented by its legal representatives;
1.4.3. authorized representatives of all the aforementioned persons, submitting a document confirming the right to act on behalf of such a natural or legal person (power of attorney, power of attorney, etc.).
2. Ordering goods
2.1. The Customer can order Products by registering on the Website, creating a private or legal person account (hereinafter - Account), and connecting to the Account by entering his registered e-mail address and password.
2.2. When ordering Goods in the types specified in 2.1. point, the Customer (natural person) must provide the Personal information required for the proper fulfillment of the Goods purchase order in the relevant information fields indicated on the Website, including: first name, last name, declared address of residence, delivery address of goods and services, telephone number and e-mail address, while the Client (legal entity) must indicate the name of the representative, the representative's surname, the representative's position, role or justification for the right of representation (statutes, board decision, power of attorney, etc.), name of the legal entity, company registration number, VAT registration number , legal address, goods delivery address, payment details: bank name, bank account number, bank code. By submitting an order for the purchase of Goods and expressing his consent "I have read and agree to the Terms" (or an analogous statement expressing the Customer's will), the Customer unconditionally confirms that he has familiarized himself with the Terms, that the Terms are clear and understandable, and also has the right purchase goods on the Website and conclude the Agreement for the purchase of Goods.
2.3. In all cases, before confirming the order of Goods in accordance with the procedures specified in the Regulations, the Customer must familiarize himself with the current version of the Regulations documents, which is in effect at the time of placing the order, and must express his consent to them. The Customer confirms that he has familiarized himself with and agreed to the current Terms and Conditions in the manner and under the conditions specified in the website usage procedure. The order for goods can be submitted and received for processing by the Seller only if the Customer has familiarized himself with and agrees to the Terms. In all other cases, when the Customer does not agree with the Terms or any part thereof, he has no right to purchase the Products on the Website.
2.4.1. one or more Products offered on the Website should be selected, and specifying the data of each Product to be purchased, incl. number of units, etc., and by clicking on the "Add to Cart" link on the Website, add them to your virtual Shopping Cart;
2.4.2. after creating the Shopping Cart, i.e. after the Customer has selected all the Goods required for purchase and their additional equipment, the Customer must click on the Shopping Cart icon on the Website, which will lead the Customer to another web window where he will be able to view his selection (order data). The customer, by pressing the icon with the inscription "Make a purchase", will be redirected to another window of the Website, where, upon joining the Account/creating an Account (if this action was not performed previously), and further entering/selecting the data requested by the Website (delivery address, payment method and other information required by the Website) will be able to confirm the Goods order submitted to the Seller.
2.5. The Customer confirms the submitted order for Goods by clicking on the icon named "Confirm". Until this moment, the Customer has the right to change the order of Goods by changing the selected Goods and/or Goods data, delivery information and payment method for the Goods.
2.6. When the Customer has entered all the fields of the Product order, the order form has been sent to the Seller in the system, confirming and agreeing to the terms of use of the website, and the Seller has approved the Customer's order, at that moment it is considered that the Distance Purchase has been concluded and the parties are legally bound by it.
2.7. Confirming the receipt of the Goods order submitted by the Customer, the Seller sends an automatically generated electronic message with the subject "Barrelsbythermory.com order" to the e-mail address specified by the Customer, which contains all the necessary data of the Goods order.
2.8. Upon receiving the Goods order submitted by the Customer for execution, the Seller immediately checks whether the Goods specified in the Goods order (according to their type, quantity, etc.) are in the Seller's warehouse. If the Seller cannot deliver all or part of the ordered Goods to the Customer in accordance with the procedures specified in the Regulations, the Customer will be informed about the relevant status of the Goods order or a possible change in the status. In any case, the Seller reserves the right to cancel such order within three working days from the submission of the Goods order confirmed by the Customer (the Seller will do everything possible to inform the Customer as soon as possible about the status of the Goods order or a possible change in status).
2.9. By getting acquainted with the Terms, agreeing to them and committing to comply with them, the Client confirms that he does not object to the fact that the Terms will not be given to the Client separately in writing (in paper form), unless the contracting parties have agreed otherwise. In all cases, if the Customer wishes, he can review, save and (or) print the Terms, download them from the Website or contact the Seller with an appropriate request by sending an e-mail to the e-mail address info@barrelsbythermory.com.
2.10. The seller is not responsible for losses caused by illegal use of the Account by third parties. In the event that, without complying with the requirements of the Terms, any other person connects to the account and submits an order for Goods using the Account, it will be considered that these Goods were ordered and (or) purchased by the Customer.
2.11. The Seller reserves the right to fulfill only those approved orders for Goods, in which the Goods order and other data necessary for the purchase and (or) delivery of Goods and services (including the Goods delivery address, telephone number, e-mail address, etc.) were correctly and accurately submitted, as well as , if the Seller has not identified fraudulent signs of the Customer (including violation of Website protection, unauthorized use of the Website system, connection and use of a password by a foreign Customer or use of another person's name).
2.12. By agreeing to these terms, the customer agrees that his personal data referred to in 2.2. point, will be processed on the Website for electronic sales and direct marketing purposes. The Seller confirms that the Personal Information provided by the Customer in connection with the Order of Goods and the conclusion of the Agreement will be used only for the purpose of concluding the Goods purchase transactions on the Website and for the purposes of execution, in accordance with the Privacy Policy.
2.13. The Customer, agreeing that his Personal Information will be processed only for the sale and delivery of the Goods, including the Customer agrees that only such informational messages will be sent to the e-mail address and phone number specified by him, which are necessary to complete the purchase and delivery of the Goods.
3. The moment of concluding the purchase contract
3.1. Submitting the Goods for sale (ordering) on the website does not create any obligations for the Seller. The purchase contract between the Customer and the Seller is considered concluded from the moment the Customer receives the Seller's electronic message with the subject "barrelsbythermory.com order" (or an equivalent message). The customer's option to cancel the purchase contract is defined in Section 8 of the Terms.
4. Customer's rights and obligations
4.1. The customer has the right to purchase goods in the online store in accordance with the rules.
4.2. The client - a private individual who is a consumer, has the right of refusal specified in Section 8 of the Regulations.
4.3. When creating an Account on the Website, the Customer undertakes not to transfer his Website connection data to third parties, incl. username and password. If the Customer loses his data for joining the Website, he must immediately inform the Seller by writing an e-mail to info@barrelsbythermory.com.
4.4. The customer, who uses the Website and makes purchases in the online store, undertakes to comply with these terms and other conditions specified on the Website, as well as to comply with the laws and regulations of the Republic of Latvia and the European Union.
5. Obligations of the seller
5.1. The Seller undertakes to allow the Customer to use the services provided on the Website according to these terms and other conditions set on the Website.
5.2. The Seller undertakes to respect the Customer's privacy rights to the personal information at their disposal, i.e. The personal data specified by the client shall be processed only in accordance with the procedures specified in the Regulations and the regulatory legal acts of the Republic of Latvia and the European Union.
5.3. The Seller undertakes to deliver the goods ordered by the Customer to the delivery address specified by the Customer, in accordance with the conditions set in Section 7 of the Rules.
6. Price of goods, payment procedure and deadlines
6.1. All prices on the Website and in the Product order are indicated in Euro currency, including value added tax (VAT), as well as other taxes (if applicable). The seller offers to purchase the Goods on the Website with delivery to the territory of the Republic of Latvia and to other countries of the European Economic Area. In the event that the Goods are delivered outside the territory of the Republic of Latvia, the Customer is responsible for the payment of taxes and duties related to the Goods, including, but not limited to, any import, import customs, VAT and other taxes, if applicable in accordance with the specific country regulatory enactments.
6.2. The cost of delivery of goods and/or the costs of other third party services (if applicable) are not included in the price of the Product, unless it is clearly stated on the Website and/or in these terms "Delivery of goods is free". The applicable delivery costs of the goods are indicated and presented to the Customer at the time of placing the order for the Goods. Delivery costs can be calculated before confirming the Order using the Product delivery calculator on the website of the online store.
6.3. Discounts may be applied to products, which are not cumulative, except in cases where the terms of a specific discount or promotion do not provide otherwise, and this is clearly defined and published on the Website.
6.4. The Seller has the right to change the Product price indicated on the Website after the Customer's order application only if it concerns technical errors of the information system on the Website. In the aforementioned circumstances, when changing the price of the Product, the Seller informs the Customer about it as soon as possible and agrees with him on the further execution of the Product order. If the Customer does not agree to purchase the product at the new price, the Customer's order is automatically cancelled, and in case the Customer has already paid the price of the Product incl. Upon delivery of the product, all the above-mentioned paid amounts are refunded to the Customer.
6.5. The Customer pays for the Goods and their delivery (if the cost of delivery of the Goods is separately applied to the price of the Goods and calculated) by prepayment (i.e. before the Goods are delivered and handed over to the Customer) using the electronic payment service through the payment partner system paysera.lv, operated by Paysera LT , UAB, or other systems approved by the Seller, published on the Website. If the Customer chooses to pay for the Goods 6.5. in the manner specified in paragraph 1, the Seller indicates that in that case the terms of use and personal data processing of the relevant website to which the Customer is directed may be applied.
6.6. When paying for the Goods 6.5. in the manner specified in paragraph, the Customer is obliged to immediately pay for the Goods. Upon receipt of the payment operator's confirmation of the Customer's payment for the Goods, the creation of the Goods shipment begins and the calculation of the Goods delivery term begins. If the Client does not fulfill the obligation to pay for the Goods, it is considered that the Client refuses to purchase the Goods, and the Seller has no obligations towards the Client arising from the Terms. The Seller has the right to cancel the Customer's purchase order without prior notification, if the Customer, by choosing rule 6.5. the method of payment specified in point, does not pay for the Goods within 3 (three) working days from the moment when the Goods purchase order is submitted on the Website.
6.7. In each case, when the Seller confirms the purchase of the Product, the Customer agrees that the invoice for the specific Product with the Product purchase data will be sent to the Customer's e-mail address specified by the Customer in the Product order form. The corresponding invoice is sent to the given email address on working days. In case the Customer is a VAT payer, he must also provide his VAT number.
7. Delivery of goods
7.1. When submitting (creating) the order, the Customer, choosing to use Goods delivery, confirms that the delivery address of the Order matches the delivery address indicated in the Personal account of the customer.
7.2. If the Seller, due to serious circumstances specified in these regulations, cannot deliver the Goods ordered to the Customer (and if it is not possible to offer an equivalent or better Product with its own characteristics), the Seller undertakes to refund the money paid by the Customer within 5 (five) working days, if this was done in accordance with 6.5 of the Rules point.
7.3. The risk of loss and (or) damage to the goods passes to the Customer at the moment of receipt of the goods and services, which is documented by the Customer's signature on receipt of the goods.
7.4. The quantity of goods and their packaging must be checked by the Customer immediately upon receiving the goods and services. If a shortage of the quantity of Goods, damage to the Goods and (or) the packaging of the Goods, a lack of individual parts and components of the Goods is detected, the Seller must be immediately informed in writing of such deficiencies via the contacts indicated on the Website or in the Terms. In that case, damage caused by the Seller's fault is repaired in the manner and within the terms agreed upon by the Customer and the Seller. After that, claims and complaints submitted by the Customer regarding the quantity and (or) packaging of the transferred Goods will not be accepted.
7.5. The Customer must inform the Seller in writing of the identified obvious defects in the quality of the Goods (damages to the packaging, inconsistency in quantity, etc.) immediately, but no later than within 3 (three) days from the receipt of the Goods - the day of handover (otherwise, after the expiration of this period, the Customer has no right to submit to the Seller claims for obvious defects of the transferred Goods). This point does not apply to cases where the Website clearly states that the packaging of the Goods for sale or the Product is damaged, and accordingly the Goods are sold at a lower price. By ordering such Goods, the Customer agrees to purchase them under certain conditions and condition, and in the future is not entitled to make demands or claims against the Seller for damage or defects of the Goods' packaging or goods.
8. Right of withdrawal, return and exchange of goods
8.1. Defects in the Sold Goods are eliminated, poor-quality Goods are exchanged, returned and/or the relevant purchase is canceled in accordance with the applicable laws and in accordance with the procedure provided for in these Terms.
8.2. If the Customer is a Consumer, he reserves the right to withdraw from the Agreement without specifying the reasons by notifying the Seller in writing no later than 14 (fourteen) calendar days from the delivery of the Product (delivery day). In the event that the Agreement covers and is concluded in connection with the purchase of several Goods, which are delivered to the Customer separately, the right to cancel the Agreement expires after 14 (fourteen) calendar days from the transfer (delivery) of the last item in accordance with the Agreement.
8.3. If the Customer wishes to withdraw from the Agreement, the Customer (natural person) must submit a request for the return of the Goods to the Seller in a free form (the Customer can also use the Agreement cancellation form, which can be found on the barrelbythermory.lv website in the Customer Account section). The customer, who is a Consumer, must send the notice of cancellation of the Agreement in accordance with Rule 12.4. to the contacts specified in paragraph 1 or must be submitted to the Seller using the functionality of the Website, by clicking on the appropriate button for rejecting the Products and performing other actions requested on the Website.
8.4. In accordance with the procedure set forth in this section, upon submitting a notice of termination of the Agreement to the Seller, the Customer, who is a Consumer, must hand over the Product to the Seller (if it has already been handed over to him) within 14 (fourteen) calendar days from the day when the relevant notice was submitted to the Seller ), delivering it to the address: SIA "VMS Timber", Saules iela 63 B, Madona, LV-4801, Latvia.
8.5. The Seller must refund all payments received by the Customer, who is a Consumer, including the costs of delivery of the Goods, if they were applied (except for additional costs incurred by the Customer choosing a different than the cheapest method of delivery or receipt offered in the online store barrelsbythermoery.lv on the website ) immediately, but in any case no later than within 14 (fourteen) days from the day when the Seller has received back the Product from the Customer. The Seller refunds the amount of money paid to the Customer using the same payment method that the Customer used in the initial payment transaction, unless the Customer agrees to another offer from the Seller. The Seller may not refund the amount paid to the Customer (the price of the Product and (or) delivery costs) until the Products are returned to the Seller in their original form and in their complete package, and the returned goods must be returned in such a form and condition that the product can be resold to another customer . If the Seller establishes the fact that the returned Goods or their packaging is damaged, differs from the originally sold Goods or the Goods are no longer resalable as a result of some circumstances, then the Seller may refuse to accept the goods back and refund the money.
8.6. When returning the Products, the customer must comply with the following conditions:
8.6.1. The product must be returned in its original, undamaged packaging;
8.6.2. The product must not be damaged by the Customer;
8.6.3. The product must not look used, must not lose its original appearance;
8.6.4. The Customer must return exactly the set of Goods that he received from the Seller;
8.6.5. the Order number must be submitted (indicated);
8.6.6. The Customer may not return Goods that were not purchased from the Seller or that were intentionally or negligently damaged (exposed to chemicals, open flame, high temperature, sharp objects, etc.), or if the Product's use, assembly, installation or storage have been violated. terms, whether the Goods were used (used) incorrectly or inappropriately for their purpose and purpose.
8.7. The seller has the right not to accept the goods returned by the customer, if the customer does not comply with the procedures and deadlines for returning the goods specified in these regulations. The Customer is responsible for the value of the Product, which is reduced by actions, factors or circumstances that are not necessary to determine the nature, characteristics, and assembly of the Product.
8.8. The Customer, who is a Consumer, has the right within 14 (fourteen) calendar days from the day of receipt of the Goods to change the Goods, which are equivalent and of a different size, shape, color, model or package, except for the Goods specified in Clause 8.12 of the Rules. point, and which must be returned using the procedure described below only when the Seller's consent is received). If a price difference occurs during the exchange of the Product, the Customer must pay the Seller according to the recalculated prices of the Products. The customer's request to replace the Product is fulfilled if all 8.6 of these regulations are fulfilled. the conditions provided for in paragraph 1, and there are no other conditions provided for in the Regulations. In order to use this right, the Customer must deliver the Product to the Seller in accordance with Article 8.4 of this regulation. in accordance with the procedures specified in paragraph 1 and the documents for the purchase of Goods must be submitted.
8.9. If the Seller does not have the appropriate Goods to replace the Product, the Seller informs the Customer and the Customer has the right to return the Product to the Seller within 14 (fourteen) calendar days from the date of the relevant notification.
8.10. If the Product is returned in accordance with 8.1 of this regulation. - 8.7. the procedure specified in points, or is exchanged for another Product in accordance with Rule 8.8. point, the Customer bears all costs of returning the Goods. In the event that poor-quality or incorrect Goods are returned to the Seller, the Seller reimburses the Customer for the reasonable cost of returning the Goods.
8.11. If the returned Product has a defect, it can be returned in accordance with Rule 8.4. in accordance with the procedure specified in paragraph The product must be returned together with a description of the defects.
8.12. The right of withdrawal does not apply to personalized Goods.
9. Product quality guarantee
9.1. The Products are subject to the quality guarantee granted by the manufacturer and (or) the validity period, the specific term (duration) and (or) other conditions, including the conditions for not applying the warranty, are mentioned in the Product descriptions, on the Product packaging and (or) in the guarantees issued together with the Products in cards (vouchers). If a manufacturer's quality guarantee is not issued for certain types of Goods, these goods are covered by the 24 (twenty-four month) Goods Quality Guarantee provided for in the applicable legal acts.
9.2. A customer who purchased a product of inadequate quality has the right to:
9.2.1. require the Seller to eliminate the defects of the Product free of charge; or
9.2.2. require the Seller to replace the Product of inadequate quality with a Product of adequate quality free of charge; or
9.2.3. request the Seller to reduce the price of the Product accordingly; or
9.2.4. unilaterally terminate the Agreement and demand the return of the paid price of the Product.
9.3. The Customer understands that the color, shape and (or) other parameters of the Products displayed on the website of the online store barrelsbythermory.com may not correspond to the actual Product shape, color and (or) other parameters, depending on the technical characteristics of the device used by the Customer. Therefore, if the Client needs more information, recommendations or suggestions regarding the Goods, the Client should contact the Seller directly by writing to info@barrelsbythermory.com.
10. Marketing measures applied by the seller
10.1. The Seller reserves the right (until confirmation of the purchase) at any time, at its discretion, to post and (or) cancel offers, promotions or change the prices of the Products published on the Website, or in any material or content posted on the Website, including the Terms (Conditions of the Agreement), .
11. Exchange of information
11.1. The Seller sends all notifications to the Customer in accordance with Rule 2.2. to the e-mail address specified by the Customer in accordance with the procedure specified in paragraph
11.2. The Customer sends all messages and questions to the Seller in accordance with Article 12.4 of this regulation. to the contacts indicated in paragraph
12. Final Provisions
12.1. By checking the Terms and Conditions, the customer confirms the distance purchase agreement and recognizes it as legally binding. Issues related to the purchase of Products on the Website and the use of the Website, which are not regulated in these terms, are regulated in other documents and informational sections published on the Website.
12.2. All disputes related to the execution, violation, cancellation or invalidity of the Agreement, claims and (or) disputes are resolved through negotiations. If the Parties fail to reach an agreement within 30 (thirty) days, the disputes shall be resolved in accordance with the procedures established by the legislation of the Republic of Latvia, in the court of the Republic of Latvia based on the legal address of the Seller.
12.3. The seller has the right to amend or add to the Terms, therefore, when submitting an order for Goods, the terms of purchase and sale of Goods and services that were in force at the time of ordering the Goods will be applied. In all cases, at the time of placing the purchase order (before each purchase of Goods), the Customer undertakes to familiarize himself with the Terms, noting that he has familiarized himself with them. In this way, the Customer confirms that he has read and understood the Terms and Conditions in force at the time of ordering the Goods, which are published on the Website, including the current version of the Terms.
12.4. If the Customer wants to inform the Seller about a violation of the Terms, or if other questions or claims arise, or if the Customer needs the Seller's help regarding the interpretation of the Terms and/or their application, the Customer must write to the Seller's e-mail address info@barrelsbythermory.com or send a letter to in the form of a registered letter to: SIA VMS Timber, Saules iela 63 B, Madona, LV-4801, Latvia. The Seller will respond to the Customer's questions received in writing within 14 (fourteen) calendar days from the date of receipt of the question.
Date of preparation of the Terms of Use document: 11.07.2022.
Last updated: 12.07.2022.