The legislation of the Republic of Latvia stipulates that the owner of the online shop must stipulate the terms of delivery and return of goods, as well as the right of withdrawal. Such a regulation is called a distance agreement (Cabinet of Ministers regulations).
1. Subject of the Agreement
1.1. The Seller – “ColibriKin” Ltd., registration No. 40203260398, legal and postal address: 12 Progresa street Apt. 25, Riga LV-1067, Latvia, who is the owner of the internet trading site www.colibrikin.com, hereinafter referred to as the Online Shop, and of the rights held therein, and which in the course of its economic activity under this Distance Agreement, hereinafter referred to as the Agreement, offers and sells the goods to the Buyer;
1.2. The Buyer – a person with legal capacity who places an order at an online shop. By ordering in the Online Shop, the person confirms that he/she has the capacity and the right to make purchases in the Online Shop;
1.3. The Agreement shall be deemed concluded from the moment when the Buyer has placed the order and paid for the Goods in accordance with these Terms;
1.4. The Seller is entitled to unilaterally amend and supplement the terms of the Agreement. When the Buyer makes an online purchase, the terms of the Agreement in force at the moment of ordering goods shall apply;
1.5. The Seller has the right to restrict without notice the Buyer’s use of Online Shop services or to cancel an order of the Buyer if the Seller believes that the Buyer using the Online Shop may violate or does violate the terms of the Agreement, attempts to harm the Seller, the operation or safety of the Online Shop, or any third parties;
1.6. When placing an order, the Buyer confirms that he/she has read, knows and understands this Agreement and the terms and conditions contained therein. The Buyer undertakes to familiarize himself/herself with the terms and conditions of the Agreement at every purchase. The Buyer is not entitled to order the goods in the Online Shop if he/she has not read or agreed with the terms and conditions of the Agreement.
2. Personal data processing
2.1 By entering the necessary information when placing an order, the Buyer confirms that he has read and agrees that the data provided by him is used to enable the Seller to accept the Buyer's order and deliver the goods in accordance with the requirements of the Latvian legislation. By entering the information, the Buyer agrees that notices related to the processing of the Buyer's order will be sent to the specified e-mail.
2.2 The Buyer is responsible for the accuracy, correctness and completeness of the data provided. In no event shall the Seller be liable for any loss incurred by the Buyer or any third party as a result of the Buyer providing incorrect or incomplete data.
2.3 If the Buyer uses the services of www.colibrikin.com Online Shop, it is considered that he agrees to the processing of the Buyer’s personal data and confirms that all information and personal data provided is correct and true. By ordering and agreeing to the Terms, the Buyer grants Seller the right, as a personal data controller, to select, store, systematize, use and otherwise process any and all personal data provided directly or indirectly by visiting www.colibrikin.com and using its services.
3. Price of goods, delivery costs and payment procedure
3.1 The prices of goods and services in the order created by www.colibrikin.com are quoted in euros and the prices are indicated – with value added tax (if at the time of purchase the Seller is a VAT payer). The Goods shall be sold to the Buyer at prices valid in www.colibrikin.com at the time of ordering, unless otherwise agreed by the parties.
3.2 At the time of ordering the goods, the delivery costs indicated in the Online Shop are valid. The order amount, consisting of the price of the goods and the cost of delivery, is available to the Buyer during the order placement process before the order is confirmed.
3.3 Shipping by Omniva parcel machines costs € 3.00 per package. Delivery by courier costs €5.00. International delivery by Latvijas Pasts AS costs € 6.00 per package.
3.4 The Buyer shall pay for the goods and delivery immediately after placing the order (in advance) using one of the payment systems specified in the Online Shop;
3.5. The buyer can pay for the goods by transfer. To do this, when paying, you need to choose the payment method - Bank transfer. After placing an order, we will send you an invoice to your email address for payment. The buyer contributes the amount of money to the Seller's bank account. Upon receipt of funds in our bank account, your order will be processed according to your chosen delivery method. Pay your invoice within 2 (two) calendar days after receiving the invoice by e-mail, otherwise your order may be cancelled.
3.6. The client can make an online payment by credit card using a payment system. To do this, you need to choose the payment method - Bank cards and Swedbank bankLink. Mastercard, Visa, Maestro and Visa Electron cards are accepted for payment.
3.7. Using the BankLink payment method, Swedbank customers will be connected to their online bank to make the payment.
3.8. Customers can make an online payment securely in PayPay payment sistem.
3.9. The seller has the right to cancel the order by informing the Buyer. In this case, the money received will be returned to the buyer.
4. Assembly, delivery and receipt of goods
4.1 The Buyer may choose to receive the goods at www.colibrikin.com only with delivery. Delivery of goods is carried out for a fee. The goods are delivered by the Seller or its authorized agent (courier) or the goods are sent via a parcel machine or “Latvijas Pasts”.
4.2 The Seller will make sure that the Buyer’s order is fully executed, but it cannot be fully guaranteed by the Seller. If the store does not have the goods ordered or the supply is short, the Seller has the right not to deliver the goods or to deliver a smaller quantity of them;
4.3 If the Seller has supplied the Buyer with an insufficient quantity of the Goods and the sum of the delivered Goods is less than the Buyer has paid, the Buyer shall be refunded the difference for the non-delivered Goods. The money paid by the Buyer but not delivered by the Seller shall be refunded to the bank account specified by the Buyer within three business days from the order being handed over or delivered.
4.4 The goods ordered by the Buyer shall be delivered by courier to the address specified in the Buyer’s order. If the Buyer cannot be found at the delivery address specified in the Buyer’s order, the Seller shall have the right to transfer the goods to any other adult at the address specified, but the Buyer shall not be entitled to make any claims to the Seller for delivery of the goods to an unsuitable person.
4.5 The Seller shall deliver the Goods to the Buyer on the date and at the time specified in the order. The Buyer agrees that, in exceptional cases, delivery of the Goods may be delayed due to unforeseeable circumstances beyond the Seller’s control. In this case, the Seller will contact the Buyer and arrange the delivery time.
4.6 If the delivery of the Goods by courier is not possible due to the Buyer’s fault or circumstances dependent on the Buyer (the Buyer has provided the wrong address, the Buyer is not present at the specified address, the specified address cannot be accessed, etc.), the Goods will not be delivered again delivery (unless the Buyer pays extra for the re-delivery of the goods), and the money paid for the goods is refundable excluding delivery fee.
4.7. If the Buyer does not select the goods from the item within 7 days during delivery by means of the Omniva Pakomat, the goods are returned to the Seller. After the Seller receives the unclaimed goods back, the value of the goods is returned to the Buyer within 3 working days from the date of receipt, with the cost of delivery withheld.
4.8. If the Buyer has not selected the goods from his post office (in international delivery) within the time limits set at this post office, the goods will be returned to the Seller. After the Seller receives the unclaimed goods back, the Buyer is refunded within 5 working days from the date of receipt of the goods with the cost of delivery.
4.9. The seller ships the goods the next business day after receiving payment to his account. The approximate delivery time depends on the method of delivery chosen, as well as on the location of the recipient. The seller cannot influence the work of postal and courier services. The buyer agrees that in exceptional cases, the delivery of goods may be delayed due to unforeseen and independent circumstances from the Seller.
4.10. The terms of international delivery depend on the location of the recipient and the work of international postal services. Approximate terms of international delivery: in Europe - within 5-10 working days, USA/Australia - within 14-21 working days. The buyer has the opportunity to track the delivery of their order using the Tracking number.
4.11 The Seller shall be released from liability for failure to deliver goods to the Buyer if the Goods are not delivered to the Buyer or are not delivered on time due to the Buyer’s fault or circumstances dependent on the Buyer.
4.12 If the Buyer notices that the shipment does not contain the correct quantity of goods or the goods delivered do not match the order and it is not specified in the delivery document, the Buyer must notify the Seller at the time of to order. Otherwise, the order shall be deemed to have been properly handed over or delivered, and the goods confirm with the order.
5.1 The characteristics of all goods sold at www.colibrikin.com Online Shop are generally stated in the description of each item.
5.2 The Seller is not responsible for the fact that the goods on www.colibrikin.com in their color, shape and other parameters do not correspond to the actual size, shape and color of the goods, because the photos of goods on www.colibrikin.com are illustrative.
5.3 Goods with an expiry date are delivered in such a way that the Buyer has a real opportunity to use these goods until the expiration date.
5.4 If the Buyer is not satisfied with the quality of the goods received, the objections must be made in writing and sent to the E-mail address: [email protected], accompanied by a photo of the goods.
6. Right of withdrawal. Exchange and return of goods
6.1 Pursuant to the laws and regulations, the Buyer may not exercise the right of withdrawal and the ordered food, drink and other household goods for immediate consumption beyond the time limit specified in these Terms.
6.2 The Buyer may, in certain cases, exercise the right of withdrawal and unilaterally resign from the purchase of goods at www.colibrikin.com within 14 calendar days of delivery of the goods. The right of withdrawal shall not apply to the goods referred to in paragraph 6.1. The period for exercising the right of withdrawal shall be counted from the date of receipt of the Good.
6.3 The express right of withdrawal provided for in Clause 6.2 may only be exercised by a Buyer who, under the provisions of the Consumer Rights Protection Law of the Republic of Latvia, is a consumer, that is, a natural person who expresses the desire to buy, buys or could buy or use an item for reasons not related to his/her economic or professional activity.
6.4 The Seller shall reimburse the price of the Goods which the Buyer has returned using the right of withdrawal within 3 days after acceptance of the Goods. Expenses for delivery of goods to the store shall be borne by the Buyer (except for goods which do not comply with the terms of the Agreement). Upon return or exchange of high quality goods corresponding to the Buyer’s order, the delivery fee shall not be refunded to the Buyer.
6.5 The buyer is responsible for maintaining the quality of the product in the event of exercise of the right of withdrawal. The Buyer shall be liable for any diminution in the value of the good if the good has been used in a manner inconsistent with the principle of good faith, including for purposes other than ascertaining the nature of the good. The goods must be undamaged, unobtrusive (labels not removed, undamaged protective films, etc.) and unused. The product must be returned in its original packaging, in the same package as it was received, with instructions for use and other accessories of the product. If the item is not fully assembled, damaged, disordered or not properly packaged, the Seller has the right not to accept the item or to refund the money paid by the Buyer for the item.
6.6 To exercise the right of withdrawal, the Buyer shall send the cancellation to [email protected] with the order number at which the item was ordered, the name of the item and its price. The Buyer is obliged to return the item within 7 days of sending the written refusal if the item has been received.
7.1 The Seller shall send all statements and otherwise contact the Buyer using the email address or telephone number specified in the Buyer’s registration or non-registered contact form.
7.2 The Buyer shall send all notices and inquiries using the means of communication and addresses specified in the “Contacts” section of www.colibrikin.com.
8. Final provisions
8.1 The relationship between the Buyer and the Seller shall be governed by these Terms and Conditions and the laws of the Republic of Latvia.
8.2 In the event of a loss, the Party at fault shall indemnify the other Party for the direct damage, in accordance with the laws of the Republic of Latvia.
8.3 Disputes shall be settled by negotiation. In the event of disagreement, the dispute shall be settled in accordance with the procedure laid down by the legislation of the Republic of Latvia.