Distance Contract

Last updated: April 13, 2017

Article 1 – Definitions

In these conditions, the concepts given below are defined as follows:

1.1 Supplementary agreement means an agreement whereby the consumer products and / or services acquired in connection with a distance contract and these goods and / or services are provided by the seller or by a third party on the basis of an arrangement between that third party and the seller;

1.2 Grace period: The period within which the consumer can exercise his right of withdrawal;

1.3 Consumer: the natural person who is acting for purposes relating to his trade, business, craft or profession;

1.4 Day: calendar day;

1.5 Term Agreement: an agreement that extends to the regular delivery of goods, and / or services for a certain period;

1.6 Durable medium: each means that enables the consumer or seller to store information personally addressed to him in a manner that makes future consultation and unchanged reproduction of the saved information possible;

1.7 Right of withdrawal: means the option that the consumer has to decide against conclusion of the distance contract within the grace period;

1.8 Seller: the legal entity that offers products to consumer at a distance;

1.9 Distance Contract: a contract in which, within the framework of a system organised by the seller for the distance selling of products, up to and including the conclusion of the contract, exclusive use is made of one or more technologies for distance communication;

1.10 Model withdrawal form: the European model withdrawal form set out in Appendix I of these conditions;

1.11 Technology for distance communication: means that can be used to conclude a contract, without requiring the consumer and seller to come together in the same space at the same time.

Article 2 – Identity of the seller

Agrora SIA;

Uzvaras 14B, Dobele, LV-3701, Latvia;

Reg.No. 58503027431;

VAT No.LV58503027431;

Phone: +371 26383835 reachable during normal business hours;

Email: shop@wooh.lv.

Article 3 – Applicability

3.1 Where the consumer purchases goods and / or services offered for sale on seller’s website wooh.lv, via the Internet, this mutual agreement shall be deemed a Distance Contract and will be subject to legal norms governing distance contracts, including but not limited to Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts – Statement by the Council and the Parliament re Article 6 (1) – Statement by the Commission re Article 3 (1), first indentConsumer Rights Protection Law of the Republic of Latvia, Cabinet Regulation of the Republic of Latvian on Distance Contracts.

3.2 These general conditions apply to each offer of the seller and to each distance contract concluded between the seller and consumer.

3.3 Before the distance contract is concluded, the text of these general conditions is made available to the consumer. If this is not reasonably possible, then, before the distance contract is concluded, it shall be stated that the general conditions can be read at the seller’s location and that they will be posted to the consumer free of charge at the consumer’s request as soon as possible.

3.4 If the distance contract is concluded by electronic means, then, in departure from the previous paragraph and before the distance contract is concluded, the text of these general conditions can be made available to the consumer by electronic means in such a manner that the consumer will be able to save this text in a simple manner on a durable medium. If this is not reasonably possible, then, before the contract is concluded, it will be stated where the general conditions can be read by electronic means and that, at the consumer’s request, they shall be sent to the consumer by electronic means or in another manner free of charge.

Article 4 – The offer

4.1 If an offer has a limited period of validity or is made under certain conditions, this will be expressly stated in the offer.

4.2 The offer contains a complete and precise description of the products on offer. The description is sufficiently detailed to make a good assessment of the offer by the consumer possible. If the seller makes use of images, they are a faithful representation of the products offered. Clear mistakes or obvious errors in the offer are not binding on the seller.

4.3 Each offer contains sufficient information so that it is clear for the consumer what the rights and obligations are that are attached to an acceptance of the offer. This concerns in particular:

4.3.1 the price including taxes;

4.3.2 any costs of delivery;

4.3.3 the way in which the contract shall be concluded and what actions are necessary for this;

4.3.4 the application or non-application of the right of withdrawal;

4.3.5 the method of payment, delivery and implementation of the contract;

4.3.6 the period for the acceptance of the offer or the period within which the seller guarantees the price;

4.3.7 the amount of the charge for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic charge for the means of communication used;

4.3.8 whether the contract will be filed after it is concluded and, if so, the manner in which it can be consulted by the consumer;

4.3.9 the manner in which the consumer, before concluding the contract, can check the data he has provided in the context of the contract and correct it if desired;

4.3.10 any other languages, apart from English, in which the contract can be concluded;

4.3.11 the codes of conduct which the seller has submitted himself to and the manner in which the consumer can consult these codes of conduct by electronic means;

4.3.12 the minimum duration of the distance selling contract in case of a continuing performance contract.

Article 5 – The contract

5.1. Subject to the provision in paragraph 5.4, the contract will be concluded at the moment the consumer accepts the offer and meets the conditions set for it.

5.2 If the consumer has accepted the offer by electronic means, the seller will confirm the reception of the acceptance of the offer immediately by electronic means. As long as the reception of this acceptance is not confirmed by the seller, the consumer can dissolve the contract.

5.3 If the contract is concluded by electronic means, then the seller shall take suitable technical and organisational measures to secure the electronic transfer of data and he will ensure there is a secure web environment. If the consumer can pay by electronic means, the seller shall take suitable security measures to safeguard this payment.

5.4 The seller can – within legal frameworks – ascertain whether the consumer is able to meet his payment obligations, as well as inform himself of all those facts and factors that are important for the sound conclusion of the distance contract. If, on the basis of this investigation, the seller has good grounds not to conclude the contract, then he is entitled to refuse an order or request, stating his reasons for doing so, or to attach special conditions to the implementation of the contract.

5.5 Along with the product, the seller shall send the following information to the consumer in writing or in such a manner that it can be saved by the consumer in an accessible manner on a durable medium:

5.5.1 the street address of the establishment of the seller where the consumer can submit complaints;

5.5.2 the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement with respect to the exclusion of the right of withdrawal;

5.5.3 the information on warranties and the existing service after purchase;

5.5.4 the data recorded in paragraph 4.3 of these conditions, unless the seller has already provided this data to the consumer prior to the implementation of the contract;

5.5.5 the cancellation requirements if the contract has a duration of more than one year or if it concerns a contract of unlimited duration;

5.5.6 in case of continuing performance, this latter provision only applies to the first delivery.

Article 6 – Right of withdrawal

6.1 With the purchase of products, the consumer is given the opportunity to dissolve the contract, without giving a reason for doing so, for a period of 14 days. This grace period commences on the day after the consumer, or a representative designated in advance and announced to the seller by the consumer, receives the product.

6.2 During the grace period, the consumer shall carefully handle the product and the packaging. He shall unpack or use the product only to the extent to which it is necessary to assess whether or not he wishes to keep the product. If consumer makes use of his right of withdrawal, he shall return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to the seller, along with a fully completed withdrawal form which is available in electronic form on the same seller’s website where distance contract was concluded.

Article 7 – Costs in case of withdrawal

7.1 The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the consumer.

7.2 The consumer shall bear the direct costs of returning the product. If the seller has not reported that the consumer has to bear these costs or if the seller pointed out that he will bear the costs himself, the consumer need not pay the cost of returning the product.

7.3 If the consumer exercises his right of withdrawal, all additional agreements end by operation of law.

Article 8 – Exclusion of right of withdrawal

8.1 The seller can exclude the right of withdrawal from the consumer in so far as this is provided for in paragraph 8.2. The exclusion of the right of withdrawal pertains only if the seller has stated this clearly in the offer or, in any case, in time before the conclusion of the contract.

8.2 Exclusion of the right of withdrawal is only possible for products:

8.2.1 that have been created by the seller in accordance with the custom specifications of the consumer;

8.2.2 that spoil, age or deteriorate quickly.

Article 9 – The price

9.1 During the period of validity stated in the offer, the prices of the products offered will not be increased, with the exception of price changes resulting from changes in VAT rates.

9.2 Price increases occurring within 3 months after the conclusion of the contract are only permitted if they are the result of legal regulations or provisions;

9.3 Price increases starting 3 months after the conclusion of the contract are only permitted if the seller has insisted on this and:

9.3.1 these increases are the result of legal regulations or provisions; or

9.3.2 the consumer is authorised to cancel the contract effective on the day on which the increase commences.

9.4 The prices given in the offer of products include VAT.

Article 10 – Conformity and warranty

10.1 The seller guarantees that the products meet the contract requirements, the specifications stated in the offer, the reasonable requirements of sound quality and / or usability and the legal provisions and / or government regulations existing on the date on which the contract was concluded.

10.2 A warranty provided by the seller, manufacturer or importer does not in any way impede the legal rights and claims that the consumer can invoke against the seller on the basis of the contract.

Article 11 – Delivery of goods

11.1 The seller shall take the utmost care when receiving and carrying out orders for products.

11.2 The place of delivery is the shipping address that the consumer makes known to the seller.

11.3 In accordance with what is stipulated on this in Article 4 of these general conditions, the seller shall carry out the accepted orders with due speed. If the delivery is delayed, or if an order cannot be carried out or can only be partially carried out, then the consumer shall be informed of this no later than 30 days after he has placed the order. In this case, the consumer has the right to dissolve the contract without incurring costs and the right to possible damages. These damages can never amount to more than the value of the invoice.

11.4 If the contract is dissolved in accordance with the previous paragraph, then the seller shall refund the amount that the consumer has paid as soon as possible, yet no later than within 30 days after the dissolution.

11.5 If it appears impossible to deliver a product that has been ordered, then the seller has right to dissolve the contract and shall refund the amount that the consumer has paid as soon as possible, yet no later than within 30 days after the dissolution.

11.6 The risk of damage and / or the loss of goods is borne by the seller up to the moment delivery is made to the consumer or to a representative designated in advance and made known to the seller, unless otherwise is expressly agreed.

Article 12 – Payment

12.1 As far as no other date has been agreed, sums payable by the consumer should be paid within 14 days after entering distance contract.

12.2 The consumer is required to report inaccuracies in the payment information provided or reported immediately to the seller.

12.3 In case of transfer to a bank account or electronic payment, the date on the seller’s bank statement applies as the date on which the payment has occurred.

12.4 The consumer who hasn’t paid at the latest on the due date stipulated in paragraph 12.1, without this requiring any warning or proof of default, is in default against the seller.

12.5 In the event of non-payment on the part of the consumer, the seller has the right, subject to statutory limitations, to charge the consumer reasonable costs about which the consumer was informed in advance.

Article 13 – Retention of title

All products delivered by the seller in the context of the contract remain the property of the seller until the consumer has properly fulfilled all obligations ensuing from the contract(s) concluded with the seller.

Article 14 – Complaints

14.1 The seller has a sufficiently published complaints procedure and handles any complaint in accordance with this complaints procedure.

14.2 Complaints about the implementation of the contract should be submitted within due time, i.e. within two months at the latest, to the seller with a full and clear description of the complaint after the consumer has discovered the shortcomings in question.

14.3 Complaints submitted to the seller will be responded to within a period of 14 days calculated from the date of reception. If a complaint requires a foreseeably longer time to handle, the seller shall respond within the period of 14 days with a confirmation of reception and an indication of when the consumer can expect to receive a more detailed response.

14.4 In the event of complaints, the consumer is only entitled to withhold payment of that part of the invoice which is in reasonable proportion to the substance and seriousness of the complaint. This does not release the consumer from his obligation to pay the remaining sum of the invoice within the agreed period.

14.5 If the complaint cannot be solved in consultation between the parties, then the dispute shall be brought before the competent court.

Article 15 – Disputes

15.1 Contracts between the seller and the consumer to which these general conditions pertain are subject to Latvian law. Disputes between the consumer and the seller about the conclusion or implementation of contracts concerning products that are to be delivered or that have been delivered by this seller shall be brought before the competent court.

15.2 In departure from paragraph 15.1, the seller shall, when the consumer does not reside in the Latvia, institute legal proceedings against the consumer at the court located in the consumer’s country of residence and subject to the law of the country in which the consumer resides.

15.3 If any part of these general conditions is declared to be wholly or partially invalid or not applicable, or in any other way is not recognised due to it contravening prevailing national laws, then the other provisions of these general conditions shall remain in full force.

Article 16 – Additional or varying provisions

Additional provisions or provisions varying from these general conditions may not disadvantage the consumer and should be recorded in writing or in a manner that enables the consumer to save them in an accessible manner on a durable medium.

Article 17 – Changes to the wooh.lv distance contract conditions

Changes made in these conditions only take effect after they have been published in an appropriate manner, with the understanding that when applicable changes are made during the course of an offer, the provision that is most favourable to the consumer shall prevail.