Distance purchase agreement
This distance purchase agreement is concluded between Ltd Kainaiži, registration No 40103520283, legal address: Smiltene district, Branti parish, "Kainaiži", LV-4708 (hereinafter - Seller) and a physical or legal person (hereinafter - Buyer) who places an order and makes a purchase of goods on the internet trading platform www.birzi.lv/en (hereinafter - Website).
1. SUBJECT MATTER OF THE AGREEMENT
1.1. The Buyer orders, purchases, and pays for the goods, while the Seller delivers and sells the goods displayed on the Website and selected by the Buyer in accordance with the terms of this distance agreement (hereinafter - Agreement).
1.2. The Agreement is binding for all orders and purchases of goods made on the Website.
2. PLACING AN ORDER
2.1. The Buyer selects the goods, acquaints themselves with its description, characteristics, key features, and price, as well as evaluates its suitability and compliance with their needs.
2.2. The Buyer, upon confirming the order, fills in the order form, indicating:
accurate information about themselves (name, surname, contact phone number, e-mail address);
the selected delivery method and delivery address (if the selected delivery method requires an address to be specified);
the selected payment method; and comments (if the Buyer chooses to provide them).
2.3. The Buyer is responsible for accurately completing the order form and providing correct data. The Seller is not responsible for any losses incurred by the Buyer or third parties due to the Buyer providing an incorrect delivery address or incomplete data.
2.4. Upon receiving the Buyer's order, the Seller sends the order confirmation to the Buyer via e-mail. If the Buyer does not receive a confirmation e-mail from the Seller, the Buyer's order has not been accepted, and this Agreement has not come into force.
3. PRODUCT PRICE AND DELIVERY COSTS
3.1. The product price is indicated in EUR on the Website, including value-added tax at the rate specified in the applicable regulatory enactments of the Republic of Latvia. The product is sold to the Buyer at the price that is in effect on the Website at the time of ordering.
3.2. The price of the product does not include the delivery costs of the product. The delivery costs of the product are applied separately according to the selected product and delivery method of the Buyer. The delivery costs of the product are indicated on the Website to the Buyer before the order confirmation and are included in the Seller's invoice. The delivery costs of the product include value-added tax at the rate specified in the applicable regulatory enactments of the Republic of Latvia.
4. PAYMENT TERMS
4.1. The Buyer is obliged to pay for the product and the selected delivery method in the manner and within the period specified in the Agreement.
4.2. The Buyer makes payment for the ordered product and delivery method in accordance with the payment method selected by the Buyer on the Website - payment with internet bank (Klix payment), payment by bank card, or by making a transfer according to the invoice to the company's details.
4.3. Payment for the product and the selected delivery method is considered to be made at the moment when the Seller has received the payment amount for the product and the selected delivery method in full.
4.4. If the Seller is obliged to refund to the Buyer the amount paid by the Buyer for the product and its delivery in accordance with the provisions of this Agreement, the Seller refunds the aforementioned amount to the Buyer using the same payment method that the Buyer used to purchase the product, except in cases where the Buyer has clearly agreed to a different payment method and the Buyer does not have to pay for the use of such payment method.
5. DELIVERY OF GOODS
5.1. When placing an order, the Buyer can choose any of the delivery methods indicated on the Website https://birzi.lv/en. For shipping costs, methods, and deadlines, please see the following link: https://birzi.lv/en/products/piegade. An exception applies to the purchase of alcoholic beverages, where the Law on the Circulation of Alcoholic Beverages is enforced, 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 22:00 to 8:00. See the alcohol sales license at: https://birzi.lv/en/pages/kontakti. The seller delivers the goods only to the person who placed the order and who is at least 18 years old and has provided an ID confirming their age. The method of delivery for the purchase of alcoholic beverages is collection at the BIRZI store located at Smiltene district, Branti parish, household "Kainaiži," by showing an ID or courier service. For courier service costs and deadlines, please see the following link: https://birzi.lv/en/products/piegade?variant=42539345543411.
5.2. The Seller and the Buyer agree that the delivery costs of the goods indicated in Clause 5.1 of the Agreement may change in accordance with the tariffs set by the delivery service provider.
5.3. The average delivery time is 1 to 3 business days in Latvia. The predetermined delivery times 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 day of order confirmation or at another agreed-upon date between the Seller and the Buyer. If the goods ordered by the Buyer are not in stock at the Seller's warehouse or not in sufficient quantities, the Seller will notify the Buyer. In such a case, the Buyer has the right to unilaterally terminate the agreement, while the Seller must refund the amount paid by the Buyer for the goods and their delivery without undue delay, but no later than 5 (five) business days from the termination of the agreement.
5.4. Goods containing alcohol are only delivered within the territory of the Republic of Latvia or in another territory determined by the Seller. The Seller accepts the order only if the delivery address indicated by the Buyer is in the Republic of Latvia or in another territory determined by the Seller.
5.5. The Buyer's ordered goods are delivered to the address indicated by the Buyer or to the selected parcel machine. If the Buyer chooses the delivery method with a parcel machine but does not specify a specific parcel machine address, the Seller completes the order to the parcel machine closest to the Buyer's specified address. If the Buyer has opted for courier delivery, the buyer must accept the goods in person. If the goods are received by another person at the delivery address specified in the order, it is considered that the goods have been received by the Buyer. Upon receiving the goods, the Buyer must present a personal identification document, which also serves as proof of age verification in the case of alcohol purchase.
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 delivery document (consignment note), and makes the necessary annotations in it (if any), as well as hands over a copy of the consignment note to the delivery person, or
The Buyer receives the goods at the receiving points specified in the service provider's notice within the term indicated.
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 provided an incorrect delivery address, the Buyer is not available at the specified address, access to the specified address is not possible, the Buyer does not pick up the goods at the receiving points specified in the service provider's notice within the specified term), the Seller is entitled to refuse to resend the goods to the Buyer and unilaterally withdraw from the Agreement. In this case, the Seller shall refund the amount paid by the Buyer for the goods and their delivery. If no payment for the delivery of the goods was applicable during the order processing, or if a discount for the delivery of the goods was granted, but the delivery of the goods is not possible due to the fault of the Buyer, the Seller retains the right to withhold the full amount for the delivery of the goods from the amount refunded to the Buyer.
5.8. By signing the invoice, consignment note, or other delivery/acceptance document (hereinafter referred to as the delivery confirmation), the Buyer confirms that the goods have been delivered in good condition and that the packaging is not damaged.
5.9. If, when delivering the goods, the packaging is crushed, wet, or otherwise damaged from the outside, the Buyer must indicate such defects in the delivery confirmation or draw up a separate act regarding such defects. The Buyer must do so in the presence of the goods delivery person. The Seller is not responsible for any obvious defects of the goods that were not indicated in the delivery confirmation. When delivering the goods to the buyer, the risk of loss or damage to the goods passes to the Buyer upon acceptance of the goods.
5.10. When delivering the goods to the Buyer, the risk of loss or damage to the goods is transferred to the Buyer at the moment when the goods are delivered to the Buyer in accordance with this Agreement.
6. Online Payment
6.1. If the Buyer (consumer) chooses to make a payment online, upon successful payment, the invoice is immediately sent to the consumer together with the confirmation.
6.2. If the Buyer (consumer) chooses to make a payment by bank transfer, the Supplier automatically prepares the invoice. The invoice is prepared electronically and is valid without a signature.
7. CLAIMS REGARDING GOODS THAT DO NOT CONFORM TO THE AGREEMENT
7.1. At the time of delivery of the goods to the Buyer, it is the obligation of the Buyer to ensure that the goods comply with the Buyer's order and the terms of this Agreement (for example, the Buyer must verify that the name, taste, and other significant and 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 of the non-conforming goods without undue delay by sending a written request to the Seller 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 request within 5 (five) business days from the time of 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 has the right to make a claim to the Seller for non-conformity 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 to the Seller indicating the non-conformity of the goods with the Buyer's order or the terms of the Agreement to the Seller within 2 (two) days from the day the Buyer discovered the non-conformity of the goods with the Buyer's order or the terms of the Agreement.
7.4. If the Buyer (consumer) is sold goods that do not conform to the order or the terms of the Agreement and the non-conformity is not deemed insignificant under the terms of the Agreement, the Buyer has the right to request that the Seller remedy the non-conformity of the goods with the order or the terms of the Agreement or exchange the goods for goods that would ensure conformity with the order or the terms of the Agreement, unless it is impossible or disproportionate. If the Seller has not taken the above actions within a reasonable period of time or has taken them, causing significant inconvenience to the Buyer, the Buyer has the right to request that the Seller reduce the price of the goods or cancel the Agreement and request that the Seller reimburse the Buyer for the paid price of the goods.
7.5. A claim application regarding non-compliance of the goods with the Buyer's order or the terms of the Agreement shall be sent by mail to the address: Smiltene district, Branti parish,household "Kainaiži", LV-4708; or electronically to the Seller's email address: firstname.lastname@example.org.
8. RIGHT OF WITHDRAWAL AND ITS USE
8.1. The Buyer (consumer) has the right to use the right of withdrawal contained in the Consumer Rights Protection Law of the Republic of Latvia and Cabinet of Ministers Regulation No. 255 of May 20, 2014, "Regulations on Distance Contracts" and unilaterally withdraw from the Contract without providing the Seller with any justification. Information on how the Buyer's (consumer's) right of withdrawal can be used is provided in the Withdrawal Rules, which are an integral part of this Contract.
8.2. The Buyer (consumer) has the right to withdraw from this Contract within 14 (fourteen) days without giving any reason. The deadline for exercising the right of withdrawal is 14 days from the day of conclusion of the contract.
8.3. After the withdrawal, the Buyer (consumer) must return the goods to the Seller within 5 (five) days at the Seller's legal address: Smiltene distric, Branti parish, household Kainaiži”, LV-4708. After receiving the goods, the money is refunded to the Buyer's account within 1 (one) working day. The refund is made using the same payment method that the customer used in the transaction.
8.4. In order to exercise the right of withdrawal, the Buyer (consumer) must send a request for a withdrawal form to the Supplier or an unambiguous statement in free form that contains the consumer's name, surname, address, telephone number, and e-mail address.
8.5. To comply with the deadline for exercising the right of withdrawal, it is sufficient for the Buyer (consumer) to send the notification of the exercise of the right of withdrawal before the end of the right of withdrawal period.
9. DISPUTE RESOLUTION PROCEDURE
9.1. The provisions of the Contract apply to the resolution of any disputes, disagreements or inconsistencies that have arisen between the Buyer (consumer) and the Seller.
9.2. Any dispute or disagreement that arises between the Buyer (consumer) and the Seller is resolved through negotiations, with the Buyer and the Seller trying to reach an agreement. If the dispute cannot be resolved through negotiations, the Buyer submits a written application to the Seller, sending it to the Seller's email: email@example.com. In the application, the buyer indicates their name, surname, and contact information; the date of the application; the essence of the dispute, their claim, and its justification.
9.3. The Buyer attaches copies of the transaction confirmation documents to the application, as well as any other documents justifying the application (if applicable).
9.4. The Seller shall provide a written reply to the buyer within 15 (fifteen) working days from the day of receiving the application, sending it to the email address indicated in the application. If the dispute cannot be resolved, the parties have the right to seek redress in accordance with the procedures prescribed by law.
9.5. If, for objective reasons, the Seller is unable to provide a response to the Buyer's request specified in clause 9.4 within the specified term, the Seller shall immediately inform the Buyer in writing, indicating a reasonable term within which the response will be provided, as well as justifying the need for such extension.
9.6. If the Seller considers the complaint submitted by the Buyer to be unfounded, and the Buyer does not agree with the Seller's recognition of the complaint as unfounded, or if the Buyer is not satisfied with the Seller's proposed solution to the dispute, the Buyer has the right to use the alternative dispute resolution options provided for in the Consumer Protection Law of the Republic of Latvia, or to bring an action against the Seller in the courts of the Republic of Latvia with the consent in accordance with the laws and regulations in force in the Republic of Latvia.
9.7. Any dispute, disagreement, or claim that arises between the Buyer (legal person) who is not recognized as a consumer, and the Seller and that arises from the Contract, which concerns its breach, termination or non-existence, shall be resolved in the courts of the Republic of Latvia with consent in accordance with the laws and regulations in force in the Republic of Latvia.