Distance contract

A distance contract is an agreement for the purchase of a good or the provision of a service concluded off-site using a means of distance communication.
1. This Distance Agreement (hereinafter – the Agreement) is concluded between the owner of the Internet sales site Eholotes.eu SIA “EZERGAILIS”, registration number 40003981247, legal address: Gobu iela 8, Baloži, Ķekavas nov., (hereinafter – the Seller), which, within the scope of its economic activity, offers and sells the goods to the Buyer and the Buyer, who makes a purchase on the Eholotes.eu/ Internet sales site (hereinafter – the Online Shop).
2. The buyer is any person with legal capacity, a consumer, who places an order in the Online Shop. When making a purchase, the person confirms that he/she is capable and entitled to shop in the Online Shop.
3. The distance agreement applies to all orders and purchases made on the eholotes.eu website. The agreement does not apply to purchases made by the Buyer in the retail stores of the Seller.
4. The Agreement shall be deemed concluded at the moment when the Buyer has placed an order and in accordance with the provisions of the Agreement, has made payment for the Goods or Service.
5. By placing an order, the Buyer declares that he/she is familiar with and understands the content and meaning of this Agreement and fully agrees with them. The Buyer shall undertake to inspect the Contract terms each time of purchase. The Buyer is not entitled to order goods in the Online Shop if he is not familiar with the provisions of the Agreement or does not
agree with them. The Buyer is informed that the Seller is entitled to unilaterally amend and supplement the provisions of the Agreement. When the Buyer purchases in the Online Shop, the provisions of the Agreement in force at the time of ordering the Goods or Service shall apply.
6. The Seller shall have the right to limit the services of the Online Store used by the Buyer without notice if the Seller believes that the Buyer, by using the Online Store, may violate or violate the provisions of the Agreement, attempts to harm the Seller, the operation or security of the Online Store, or third parties.
7. Customer data is protected and processed in accordance with the current Law of the Republic of Latvia on the Protection of Personal Data of Individuals. The Privacy Policy (https://eholotes.eu/privatuma-politika/) applies to the personal data processed within the framework of this Agreement. The Buyer is obliged to immediately notify about any changes in the data of its natural persons: surname, address, e-mail, telephone, etc.
8. The Buyer orders the Goods by filling in the order form in the Online Shop or by writing to [email protected] in accordance with the Ordering Rules (https://eholotes.eu/pasutisanas-regulumi/). When placing an order, the Buyer undertakes to provide precise information, i.e. name, surname, delivery address and his/her contact details and by clicking on the “Order” field. The Buyer is responsible for presenting correct data, otherwise the delivery of the Goods is not guaranteed. The ordering of the Product shall be considered the Buyer’s consent to conclude this Agreement, to purchase the selected and ordered specific Product at the specified price.
9. The Seller shall deliver the Goods in accordance with the Delivery and Payment Procedure (https://eholotes.eu/piegade-un-norekinu-kartiba/) The Buyer shall pay shipping expenses and the Goods together before receiving the confirmation from the Seller.
10. The prices of the goods in the order created in the online store are indicated in euros (EUR) with VAT included. The Product is sold to the Buyer at the price valid in the Online Shop at the time of placing the order.
11. The Buyer pays for the Goods in Eholotes.eu office, eholotes.eu online store by credit card (MasterCard, Visa) or by transfer to the Eholotes.eu account number indicated in the prepaid invoice. All delivery costs shall be borne by the Buyer.
12. Payment shall be deemed made when the entire amount of payment has been received into the Seller’s bank account specified in the payment terms.
13. The Goods shall be delivered within 7 (seven) days from the acceptance of the order and payment in full.
14. Ownership of the Goods shall pass to the Buyer at the moment when the Goods are paid in full and delivered, in accordance with the terms of delivery.
15. The Buyer may place orders 24 hours a day, but the Seller shall place orders on working days from 9.00 to 18.00, Saturdays, Sundays and holidays – no order processing. The Seller shall send the Buyer a confirmation of acceptance of the order by e-mail. If the Buyer does not receive a confirmation email, then the order is not accepted. The execution of the order is started at the moment when the money has been credited to the Seller’s account.
16. The Lease Goods shall be transferred to the Buyer for use, without the right to sell, give, transfer to other persons, disassemble or disassemble them.
17. If due to the fault of the Buyer the lease Goods are no longer usable for the intended purpose – they are damaged, disassembled, disassembled or have lost their external appearance, the Buyer shall fully compensate the losses caused to the Seller in accordance with the value of the Goods. If the rental Product shows visual or technical defects that can be corrected, the Seller shall calculate and withhold from the Security the amount corresponding to the amount of the defects correction.
18. After signing the acceptance certificate for the lease Product, the Seller shall return the deposited security deposit in cash or by bank transfer, transferring it back to the bank account from which the security deposit was received, but if the situation referred to in Clause 16 has occurred, then the Seller shall withhold the remuneration from the security deposit for the damaged Goods, and the remuneration for the delay in the term of return of the lease Goods. If the security deposit is not sufficient to cover the losses, the Buyer is obliged to pay extra for the losses incurred.
19. When choosing the rental Goods, the Buyer must pay the rental fee and security deposit from the value of the Goods by requesting a prepaid invoice and by making a payment by transfer to the Eholotes.eu account number specified in the prepaid invoice or by making a payment at the Eholotes.eu office, upon presentation of a personal identification document. The security deposit shall be payable at the same time as the rent. After the return of the Goods to the Seller, the security deposit shall be returned to the Buyer.
20. In accordance with the Cabinet of Ministers Regulation of 20 May 2014 No. 255 “Terms of Distance Contract” the Buyer may exercise the right of withdrawal and return the Goods within 14 (fourteen) calendar days from the moment when the goods have been acquired in possession, without mentioning the reason for return. More information in the Regulations on the Exercise of the Right of Refusal (https://eholotes.eu/noteikumi-par-atteikuma-tiesibu-izmantosanu/).
21. The Seller shall transfer the money for the returned Product and its delivery costs to the bank account specified by the Buyer in the withdrawal form within 14 (fourteen) calendar days after the termination of the Agreement and receipt of the Product specified in the withdrawal form in the Seller’s warehouse (Krasta Street 99a, Riga, LV-1063) on the basis of the Buyer’s refusal.
22. If the store does not have the ordered Goods or they are not in sufficient quantity, the Seller has the right not to deliver the Goods or to deliver a smaller quantity of them. In this case, the Seller shall return to the Buyer the paid difference for the undelivered Goods.
23. The characteristics of all products sold in the online store are indicated in the description of each product. The goods are guaranteed by the manufacturer of the goods (https://eholotes.eu/gararantjas-noteikumi/). If the Buyer is not satisfied with the quality of the ordered Product, he is obliged to inform the Seller so that he can contact and inform the manufacturer or official distributor of the product.
24. The person specified in the order must accept the Goods himself. If the ordered Goods are received by another person, it shall be deemed that the order has been received by the person specified in the Order. The Seller shall not be liable for any damages that may arise in the event that the Buyer has indicated incomplete data of the consignee, or if the Goods are received by another person.
25. If the delivery of the Goods has not been possible due to the fault of the Buyer or due to circumstances attributable to the Buyer, the Goods shall not be reshipped, but the money for the Goods shall be returned, except for the payment for the delivery and for the defective Goods if the Goods are damaged as a result of the return.
26. 22. The Seller shall not be liable for any consequences if the image of the online shop items on the Buyer’s computer monitor differs from the appearance of the items in nature by any characteristics due to the features of the Buyer’s computer or monitor.
27. If access to the Online Shop or placing an order in the Online Shop is not possible or is impeded for technical or reasons beyond the control of the Seller, the Seller shall not be liable for any losses of the Buyer or third parties.
28. The Buyer assumes all responsibility for the confidentiality and non-disclosure of the specified data to third parties, any Order placed with the Buyer’s username and password is binding on the Buyer and it is not entitled to withdraw from this Order.
29. Any information included in the Online Shop (for example, prices and stock balances of the Goods) is confidential and shall not be disclosed to third parties without the written permission of the Seller. In any case of violation of the provisions of this Clause, the Buyer undertakes to compensate the Seller for all damages caused.
30. All disputes related to the implementation of the terms and conditions of the Agreement shall be settled by mutual negotiations. If it is not possible to reach an agreement by mutual negotiations, the disputes will be submitted to the court of the Republic of Latvia in accordance with the regulatory enactments of the Republic of Latvia.
31. A platform set up by the European Commission may be used to lodge a complaint concerning a product or service purchased at a distance, so that a dispute concerning the purchase of goods or services at a distance can be settled out of court by mutual agreement. The platform is available here: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN