Terms of Use

Distance purchase contract

This distance purchase agreement is concluded between SIA Kainaiži, sole reg. No. 40103520283, legal address: Smiltenes novads, Brantu parish, "Kainaiži" , LV- 4708 (hereinafter – Seller), and a natural or legal person (hereinafter – Buyer) who places an order and purchases goods on the online shopping website www.birzi.lv (hereinafter – Website).

  1. SUBJECT OF THE AGREEMENT

1.1. The Buyer orders, purchases and pays, and the Seller delivers and sells the goods placed on the Site and selected by the Buyer in accordance with the terms of this distance contract (hereinafter referred to as the Contract).

1.2. The Agreement is binding on all orders and purchases of goods made on the Site.

  1. ORDER PLACEMENT

2.1. The buyer selects a product by familiarizing himself with its description, characteristics, main features and price, as well as by assessing its suitability and compliance with his needs.

2.2. The buyer, when confirming the order of the goods, 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 provide them).

2.3. The Buyer is responsible for accurately filling out the order form and providing correct data. The Seller is not responsible for any losses incurred by the Buyer or a third party due to the Buyer providing an incorrect delivery address or incomplete data.

2.4. Upon receipt of the Buyer's order, the Seller shall send the Buyer an order confirmation by e-mail. If the Buyer does not receive a confirmation e-mail from the Seller, the Buyer's order shall not be accepted and this Agreement shall not enter into force.

  1. PRODUCT PRICE AND DELIVERY COSTS

3.1. The price of the Product on the Site 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 Site at the time of placing the order.

3.2. The price of the Product does not include the cost of delivery of the Product. The cost of delivery of the Product is applied separately according to the product and delivery method selected by the Buyer. The cost of delivery of the Product is indicated on the Website to the Buyer before confirming the order and is included in the invoice issued by the Seller. The cost of delivery of the Product includes value added tax at the rate specified in the regulatory enactments in force in the Republic of Latvia.

  1. PAYMENT PROCEDURE

4.1. The Buyer is obliged to pay for the goods and the selected delivery method in accordance with the procedure and within the time limit specified in the Agreement.

4.2. The Buyer makes payment for the ordered goods and the delivery method in accordance with the payment method selected on the Buyer's Website - payment via internet banking (Klix payment), payment by bank card, or by making a transfer in accordance with the invoice to the company's details.

4.3. Payment for the goods and the selected delivery method shall be deemed to have been made at the moment when the Seller has received the payment amount for the goods and the selected delivery method in full.

4.4. If the Seller is obliged to refund the Buyer the amount of money paid for the goods and their delivery in accordance with the provisions of this Agreement, the Seller shall refund the aforementioned amount of money to the Buyer in the same payment method that the Buyer used when purchasing the goods, except in cases where the Buyer has expressly agreed to another means of payment and the Buyer is not charged for the use of such means of payment.

  1. PRODUCT DELIVERY

5.1. When placing an order, the Buyer may choose any of the delivery methods indicated on the website www.birzi.lv . Shipping costs, methods and terms can be found at the link: https://birzi.lv/products/piegade?variant=42539345543411 .

The exception applies to the purchase of alcoholic beverages, where the Alcoholic Beverages Circulation Law comes into force, which reminds that alcohol consumption has a negative impact and stipulates that the sale, purchase and transfer of alcoholic beverages to minors is prohibited. We do not deliver alcoholic beverages from 10:00 p.m. to 8:00 a.m. See the alcohol sales license at the link: https://birzi.lv/pages/kontakti . The merchant delivers the goods only to the person placing the order who has reached at least 18 years of age and has presented a document proving age. The type of delivery in the case of the purchase of alcoholic beverages is collection at the BIRZĪ brewery, whose address is Smiltene municipality, Brantu parish, “Kainaiži”, upon presentation of a document proving age or courier service. For costs and terms of delivery, see the link : https://birzi.lv/products/piegade?variant=42539345543411 .

5.2. The Seller and the Buyer agree that the delivery costs of the goods specified in clause 5.1 of the Agreement may change in accordance with changes in the tariffs set by the delivery service provider.

5.3. The average delivery time is 1 to 3 business days in the territory of Latvia. The previously specified delivery terms may vary depending on the availability of the goods in the warehouse. The Seller reserves the right to deliver the goods to the Buyer within 30 (thirty) calendar days from the date of order confirmation or within another period mutually agreed upon by the Seller and the Buyer. If the Seller's warehouse does not have the goods ordered by the Buyer or there is 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 the Buyer the amount of money paid for the goods and their delivery without undue delay, but no later than 5 (five) business days from the date of termination of the Agreement.

5.4. Goods containing alcohol are delivered only within the territory of the Republic of Latvia or 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.

5.5. The goods ordered by the Buyer are delivered to the address specified in the Buyer's order or to the selected parcel machine. If the Buyer chooses the delivery method by parcel machine, but does not indicate a specific parcel machine address, the Seller will process the shipment to the parcel machine closest to the address specified by the Buyer. If the Buyer has ordered courier delivery, the Buyer must accept the delivery of the goods in person. If another person received the delivery of the goods at the delivery address specified in the order, it is considered that the Buyer has received the goods. Upon receiving the goods, the Buyer shall present a personal identification document, which in the case of purchasing alcohol also serves as an age verification document.

5.6. At the time of delivery of the goods, the Buyer is at the address specified in the order and accepts the goods without delay, signs the goods delivery document – ​​the delivery note – and makes the necessary marks on it (if any), as well as returns a copy of the delivery note to the supplier; or

The Buyer receives the goods at the pickup points specified in the Buyer's order within the time period specified in the service provider's notification.

5.7. If the delivery of the goods is not possible due to the fault of the Buyer or circumstances dependent on the Buyer (including, but not limited to, the Buyer has specified an incorrect delivery address, the Buyer is not available at the specified address, the specified address cannot be accessed, the Buyer does not pick up the goods at the specified pickup points within the period specified in the service provider's notification), the Seller is entitled to refuse to re-send 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 for the goods and their delivery. If at the time of placing the order the Buyer was not charged for the delivery of the goods 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 withhold the full payment for the delivery of the goods from the amount to be refunded to the Buyer.

5.8. By signing the invoice, delivery note or other delivery/acceptance document (hereinafter – delivery confirmation), the Buyer confirms that the goods have been delivered in good condition and that their packaging is not damaged.

5.9. If, upon delivery of the goods, the packaging of the goods is wrinkled, wet or otherwise damaged from the outside, the Buyer must indicate such defects in the delivery confirmation or draw up a separate act on such defects. The Buyer must do this in the presence of the supplier of the goods. The Seller is not liable for such defects of the goods that were obvious at the time of delivery but were not indicated in the delivery confirmation of the goods.

5.10. When delivering the goods to the Buyer, the risk of loss or damage to the goods passes to the Buyer at the moment the goods are delivered to the Buyer in accordance with this Agreement.

  1. Online payment

6.1. If the Buyer (consumer) chooses to make a payment online, then in case of successful payment, the consumer will immediately be sent an invoice along with confirmation.

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

  1. CLAIM FOR GOODS NOT CONFORMING TO THE TERMS OF THE CONTRACT

7.1. At the time of delivery of the goods, the Buyer is obliged to verify whether the goods comply with the Buyer's order and the terms of the Agreement (for example, verify whether the name, taste and other significant obvious parameters of the goods are appropriate).

7.2. If the Buyer (legal entity) finds that the delivered goods do not comply with the Buyer's order or the terms of this Agreement, the Buyer (legal entity) must inform the Seller without undue delay about the non-conforming goods by sending the Seller a written application indicating the non-conformity of the goods with the Buyer's order or the terms of the Agreement. The Seller shall verify the circumstances indicated in the application within 5 (five) business days from the moment of its receipt and shall contact the Buyer to find a solution to the situation.

7.3. 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 is entitled to file a claim with the Seller for non-compliance of the goods with the terms of the Agreement within 2 (two) calendar weeks from the date of purchase of the goods, by submitting a written claim application indicating the non-compliance of the goods with the Buyer's order or the terms of the Agreement to the Seller within 2 (two) days from the date the Buyer discovered the non-compliance of the goods with the Buyer's order or the terms of the Agreement.

7.4. 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, the Buyer has the right to request that the Seller, free of charge, eliminate the non-compliance of the product with the order or the terms of the Agreement or exchange the product for one that would ensure compliance with the 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 time or has performed them, causing significant inconvenience to the Buyer, the Buyer has the right to request the Seller to reduce the price of the product or cancel the Agreement and request the Seller to refund the amount of money paid for the product. When reducing the price or canceling the Agreement and refunding the amount of money paid for the product to the Buyer, the Seller has the right to take into account the depreciation of the product.

7.5. A claim for non-compliance of the goods with the Buyer's order or the terms of the Agreement shall be sent to:

by mail to the address: Smiltene municipality, Brantu parish, “Kainaiži”, LV_4708; or

electronically to the Seller's email address: birzi@birzi.lv .

  1. RIGHT OF REFUSAL AND ITS EXERCISE

8.1. The Buyer (consumer) is entitled to exercise the right of withdrawal provided for in the Consumer Rights Protection Law of the Republic of Latvia and in the Cabinet of Ministers Regulation No. 255 of 20 May 2014 “Regulations on Distance Contracts” and to unilaterally withdraw from the Agreement without providing the Seller with any justification for this. Information on how the Buyer’s (consumer) right of withdrawal is to be exercised is provided in the Regulations on the Exercise of the Right of Withdrawal, which are an integral part of this Agreement.

8.2. The buyer (consumer) has the right to withdraw from this contract within 14 (fourteen) days without giving any reason. The withdrawal period expires after 14 days from the date of conclusion of the contract.

8.3. The buyer (consumer) must return the goods to the seller within 5 (five) days after the cancellation to the Seller's legal address: Smiltene municipality, Brantu parish, “Kainaiži”, LV-4708. After receiving the goods, the money is returned to the buyer's account within 1 (one) business day. The refund is made using the same payment method that the customer used in the transaction .

8.4. To exercise the right of withdrawal, the Buyer (consumer) must send the Supplier a request for a withdrawal form or an unambiguous free-form statement containing the Consumer's name, surname, address, telephone number and e-mail address.

8.5. In order for the withdrawal period to be observed, it is sufficient for the Buyer (consumer) to send his/her notification of the exercise of the right of withdrawal before the expiration of the withdrawal period.

  1. DISPUTE RESOLUTION PROCEDURE

9.1. The terms of the Agreement shall apply to the resolution of disputes, disagreements or disagreements that have arisen between the Buyer (consumer) and the Seller.

9.2. 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 the dispute that has arisen cannot be resolved through negotiations, the Buyer shall submit a written application to the Seller by sending it to the Seller's e-mail: birzi@birzi.lv . The Buyer shall indicate in the application:

your name, surname and contact information;

date of submission of the application;

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

9.3. The Buyer shall attach copies of documents confirming the transaction to the application, as well as other documents substantiating the application (if applicable).

9.4. The Seller shall provide the Buyer with a written response within 15 (fifteen) business days from the date of receipt of the application, by sending it to the Buyer's e-mail address specified in the application. In the response, the Seller shall inform the Buyer of:

the possible manner of enforcement of the claim; or

resolution of the dispute if no agreement has been reached within the aforementioned period on the fulfillment of the Buyer's claim or an alternative method of fulfilling the claim; or

the groundlessness of the claim and the refusal to satisfy it.

9.5. If, for objective reasons, the Seller is unable to provide a response to the Buyer's submission within the period specified in clause 9.4, the Seller shall immediately inform the Buyer in writing, indicating a reasonable period within which the response will be provided, as well as justifying the need for such an extension.

9.6. 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 dispute resolution offered by the Seller, the Buyer has the right to use the alternative dispute resolution options specified in the Consumer Rights Protection Law of the Republic of Latvia or to apply to the court of the Republic of Latvia according to jurisdiction in accordance with the laws and regulations in force in the Republic of Latvia.

9.7. Any dispute, disagreement, disagreement or claim arising between the Buyer (legal entity), who is not a consumer, and the Seller and arising from the Agreement, concerning it or its breach, termination or invalidity, will be resolved in the court of the Republic of Latvia according to jurisdiction in accordance with the laws and regulations in force in the Republic of Latvia.