Terms and conditions

DISTANCE CONTRACT AND E-STORE TERMS OF USE 

  1. Terms used 

Company – wood 4 WISDOM limited liability company, Regi. No. 40203468177, VAT number LV40203468177, legal and effective address Silmalu Street 29-7, Salaspils, Salaspils Nov., LV-2121, Republic of Latvia, email: info@flexystones.com, Tel. +371 20020375. 

Internet shop – a website maintained by the public in www.flexystones.com where it is possible to purchase goods. 

Terms and conditions – this distance Agreement and the terms of use of the Internet Store (e-Store); 

Buyer – a legal person or an adult natural person who wishes to acquire or has acquired a good (es). 

Goods – any goods that are offered in an Internet shop (e-shop) and can be ordered and purchased by the customer. 

    2. General provisions 

  • The rules govern the legal relationship between the buyer and the company in relation to the goods and their delivery. The terms are also considered to be a distance contract between the buyer and the corporation as a seller. 
  • The making of purchases or orders shall confirm the buyer’s acceptance of these terms. 
  • The buyer is obliged to provide and enter true and complete data, contact details and means of payment. The purchaser must immediately inform the public if an error has occurred or changed in the specified data. The purchaser shall assume responsibility for the consequences of the inaccuracy or error of the data provided to the public. 
  • The purchaser shall be responsible for carrying out the order accurately and correctly, indicating the goods required, their quantity and specification (if optional). 

    3. Product Quote and order 

  • Information about the goods and their price is provided in the Internet store next to the relevant item. The goods and delivery prices are valid when the item is ordered. The public has the right to change the range and offer of items placed on the Internet Store at any time, as well as the prices indicated at its discretion, the changes do not apply to orders already placed and paid for. 
  • Product information and images thereof have been prepared for information purposes with a view to improving the shopping experience in the Internet Store. The appearance of the product may differ from that shown in the images (especially given the colour reproduction, the illustrative meaning of the images), and the product may be in a different packaging. 
  • The product information and its conditions of use shall be indicated in the product documentation (or on the packaging) and shall take precedence over the information indicated for information in the Internet Store. Before using the product, it is necessary to familiarise yourself with the relevant information and conditions of use attached to the product. 
  • Prices are indicated in euro (EUR). The Internet store displays the price of the goods with value added tax included. All payments for goods shall be made in euro (EUR). 
  • The company is trying to ensure that the prices of the goods are always accurate, but it cannot be guaranteed that the prices indicated at the time of the order will be correct, the prices of the goods then in force.
  • Delivery costs are specified separately from the price of the items. The delivery service is provided by third parties (delivery company, carrier). 
  • The buyer first places an order for the items in the shopping cart on the Internet Store. The buyer has the option to continue selecting other items before placing an order. 
  • At the time the order is made, the purchaser must select/specify the type and address of the receipt (delivery) of the goods. 
  • Before the order is finally placed, the total order amount is displayed to the buyer in the Internet Store (price of goods, taxes, delivery costs and other eligible costs). 
  • Upon completion and payment (prepayment) of the product order, confirmation of the order will be sent to the purchaser in the e-mail specified therein. Confirmation to the e-mail may be sent before payment, if selected and if cash payment is offered upon receipt of the goods, or if the company has offered post-payment, as appropriate. 
  • An invoice sent by the public to the customer’s e-mail or available (downloadable) from the Internet store shall be drawn up electronically and shall be valid without signature. The company is also entitled to draw up electronic documentation for the supply of goods. 
  • The buyer must pay for the goods and their delivery in one of the forms of payment specified in the Internet store, paying the company’s bill. 
  • If the Internet Store offers the possibility to make payment upon receipt of goods at the point of sale, a separate invoice is not issued, but the purchaser receives a cash receipt when making payment of goods at the point of sale. 
  • After the company has received all the charges for the goods and their delivery, the company or delivery company (carrier) will deliver the ordered goods to the place of receipt indicated by the purchaser. The buyer is bound by the rules of the selected supplier of goods (for example, working time and time during which items must be removed, etc.). The delivery fee and delivery deadline depend on the type of delivery chosen. No delivery is made when the option to receive goods at a particular point of sale (sale without delivery) is chosen. 
  • An order for goods shall be deemed to have been made and shall become binding on the purchaser and the company at the time when the company has received the charge for the goods and their delivery and has approved the order (purchase). If an order for goods has been made without delivery, the purchase shall be deemed to have been made at the time of receipt and simultaneous payment of the goods. 
  • A notice of delivery of the goods is sent to the buyer by e-mail or telephone, and other information related to the execution and delivery of the order may be sent. 
  • The company shall dispatch the goods to the purchaser within 10 working days, except in cases where due to the availability of the goods or the activities of the delivery undertaking (carrier), the dispatch of the goods is postponed and takes place at a later date. The usual delivery time is indicated on the Internet Store, information about the type of delivery concerned, but a different delivery time limit may be set for each particular order, as well as delays in delivery are not excluded (especially in heavy-duty cases of the delivery company). 
  • If the customer has indicated in the Internet Store (or in the electronic payment service provider tool specified in the Internet Store) his or her payment card, which is valid for Internet purchases, the buyer agrees that the company has the right to withhold payment for goods and delivery from this payment card. The purchaser shall be deemed to have demonstrated, by indicating the details of the payment card, that the buyer has a legitimate right to dispose of and make payment with the payment instrument in question. 

    4. Delivery of goods

  • The delivery of goods may be subject to a charge depending on the type of delivery chosen and the place of arrival. The delivery charge, if any, is indicated when the item is ordered (at the choice of the type and place of delivery). 
  • The goods are delivered in the countries of the European Economic area, unless deliveries to a territory are offered on the Internet store. The buyer may be interested in the possibility of a supply to other territories, but the company may not provide such a supply. 
  • The supply of goods shall take place only after full payment of the goods and their delivery. Service of the goods may be suspended if the company has not received the full purchase price. 
  • The purchaser is obliged to provide accurate and complete information on the place of delivery already at the time when the order is drawn up. (including part of the building, code of doors, storey, precise entrance of the building, if there are several, etc.). 
  • The company and the delivery undertaking (carrier, courier) shall not be liable for failure or delay of delivery if it is due to incomplete or inaccurate information provided by the purchaser. 
  • The customer cannot change the delivery address of the items after the item order has been approved. 
  • The purchaser has a duty to check whether the packaging of the goods has been damaged (including as a result of transportation) before accepting the goods. If damage to the packaging or other non-conformities are detected (for example, the packaging is torn, crumpled, wet, etc.), the purchaser must indicate this in the delivery document (or, in the case of contactless receipt, inform the supplier of the delivery service) and notify the public immediately, together with the relevant documents and photographs from the packaging showing the marking of the goods, the damaged place of the packaging and the damage to the goods. A company may not assume liability if the damage to the goods occurred during carriage and the purchaser has not indicated in the delivery document the damaged packaging of the goods or other external signs of damage which were evident upon receipt of the goods and have not been duly notified to the public. 
  • A buyer or a third party indicated by the buyer when accepting goods and receiving them in automated parcels, signing on the delivery company’s (courier’s) device or on a paper delivery certificate without notes, shall assume that the goods have been delivered in the undamaged package of the consignment, unless otherwise stated. 
  • Within 24 (twenty-four) hours from the time of delivery of the goods, the purchaser shall be obliged to check the quantity, quality, accessories and assembly of the goods, notifying the public in case of non-conformities. If the purchaser fails to comply with this obligation within the specified time period and does not submit a claim to the public, the quantity, quality, accessories and assembly of the goods shall be presumed to comply with the conditions of the order (contract). The purchaser shall also be obliged to check and notify the public immediately upon receipt of the goods if the goods have not been delivered with such accessories and instructions as the purchaser may reasonably expect. 
  • Where the order provides for delivery at a specific address, the delivery and delivery of the goods at the address indicated by the buyer shall be presumed to have been passed on to the buyer, irrespective of whether the goods are actually accepted by the buyer or by any third party who accepted the goods at the specified address. The purchaser must inform the public in good time if the transfer of the goods to a particular person is essential, checking its identity. 
  • The purchaser must exercise caution when opening the packaging of the product so that sharp objects do not damage the product itself. The packaging of the product is not normally intended to cut it with sharp objects, as the contents may be damaged. 
  • If the company cannot provide the purchaser with the goods ordered, then the company has the right, with the consent of the purchaser, to supply the purchaser with another goods at an equivalent price, otherwise the money paid for the goods not delivered is reimbursed to the purchaser. The company reserves the right to unilaterally withdraw from the contract for the purchase of goods due to the unavailability of the goods by repaying the buyer the money received from it. Notice of the company’s withdrawal from the contract is sent to the email provided by the buyer. 
  • The company has the right not to supply the goods (including by cancelling the order and the invoices displayed) if the buyer has not made full payment for the goods and/or their delivery. The supply of goods before payment is made does not relieve the purchaser of the obligation to pay. 
  • A company may refuse to supply goods and unilaterally withdraw from a contract for the purchase of goods if the supply of goods is not possible or is made more difficult for any external reason, including the presence of the address of delivery in areas of hostilities or high risk, certain restrictions on transport, movement, customs or supply, state of emergency, natural disasters, epidemics or pandemics, or other force majeure or regulatory provisions. 
  • If the buyer is not present at the address indicated by him or the buyer is not present at the time notified to him or the buyer does not arrive to remove the goods at the time and/or place notified to him or her, then the company and the delivery company (courier) shall not be liable for failure to receive, remove and/or delay receipt of the goods, in which case the money paid for the goods and their delivery shall not be returned to the buyer. If the purchaser wishes to resupply, it shall be provided at an additional charge in accordance with the price list indicated in the Internet store, if any, or in accordance with the offer of the company. 
  • The company is not responsible for the delay and/or inaccuracy of the delivery company (courier) and/or delivery-related services chosen by the buyer. 
  • The company shall not be liable and shall not assume responsibility for delays in the delivery of goods if the company has carried out an expedition in good time (including in cases where the delay is related to the completion of customs formalities, international transport, etc.). 
  • The risk of accidental destruction or deterioration of the goods passes to the buyer when the goods have been received by the buyer or a third party other than the carrier (delivery company, courier) designated by the buyer. If the supplier of the goods (carrier, courier) is chosen by the purchaser himself, the risk indicated in this paragraph shall pass on to the purchaser as soon as the goods are transferred to the supplier.

    5. Other rules related to the purchase of goods 

  • Correspondence between the parties, as well as information and communication provided by telephone in the social network accounts of the company regarding the availability, reservation or purchase conditions of the goods shall not constitute an agreement between the Parties regarding the purchase, price, etc. of the goods. Such an agreement shall be deemed to have been reached if the company has displayed an invoice on the basis thereof and the purchaser has paid for it or accepted the goods provided for therein. 
  • Unless there is a direct indication to the contrary in the Internet Store, it is not acceptable for the public to ensure the acceptance of orders on social networks and similar online communication platforms, nor is it acceptable for such other additional means of online communication (removed Internet stores) to guarantee the preservation of written communications (including their date and time) on a durable medium. 
  • If the goods are received at the point of sale, making payment for them at the time of receipt or after, then it is not possible for the purchaser to exercise the right of withdrawal, because the purchase of the goods is made in person and the purchaser has the right to become acquainted with the selected goods and the characteristics thereof before making the purchase and making the payment. 
  • If the goods are intended to be received at the company’s point of sale and the buyer does not arrive for the goods within the reserved time period, the company has the right to cancel the order and return to the buyer the amount of money it has paid. 
  • A company may refuse to supply goods and unilaterally withdraw from the contract for the purchase of goods without returning the money received if sanctions have been imposed on the purchaser (national, United Nations or European Union of the Republic of Latvia or other international organisation of which Latvia is a Member) or the supply of goods to the purchaser would in any way violate such sanctions and restrictions. 
  • A buyer shall be prohibited from purchasing goods from an Internet store if such purchase would violate the applicable sanctions or other restrictions. 
  • The purchaser shall independently assume the obligation to make any payment of duties and taxes and to complete any customs formalities, purchase or import authorizations, if such are necessary for the delivery of the goods to the address indicated by the purchaser. The company shall not be liable for any additional payment or completion of formalities. 
  • The public shall not assume responsibility for the conformity of the goods with local requirements or regulations in the case of international supply of goods. 
  • The buyer and any user of the Internet Store shall not take action against system security or interfere with the operation of the IT system and the Internet Store. In the event of irregularities, the company reserves the right to unilaterally suspend the sale of the goods or cancel the orders placed. 
  • Where the company is obliged under the terms to repay to the buyer the amount of money it has paid for the goods and their delivery, the company shall repay that amount to the buyer in the same manner of payment as the buyer used to purchase the goods, except where the buyer expressly consented to another means of payment and the company consents to the use of another means of payment or other settlement properties. 
  • The buyer shall certify that he is a natural or legal person capable of acting and that he has the right to purchase the goods in this Internet store. 

    6. Quality of goods and commercial guarantee 

  • The manufacturer and/or distributor of the goods shall be indicated on the packaging of the goods. 
  • After receipt of the goods, the purchaser shall be responsible for maintaining quality and safety. 
  • The purchaser is obliged to consult the labelling of the goods and/or the information and/or instructions for use indicated on the packaging of the goods before use of the goods. 
  • The purchaser is responsible for the fact that the goods are not used by persons who, due to age, physical characteristics or other reason, may harm the goods or who have restrictions on obtaining or using the goods in question. 
  • The statutory liability for the conformity of the goods with the terms of the contract is limited to purchasers who are consumers (natural persons expressing a wish to purchase, purchase or be able to purchase or use goods for purposes not related to their economic or professional activities). 
  • The consumer has the right to apply for a claim to the public regarding non-conformity of the goods with the terms of the contract within 2 (two) years from the day of delivery of the goods. The consumer shall lodge an application for a claim with the public within two months from the day on which he discovers the non-conformity of the goods with the terms of the contract. The day of delivery of the goods shall be deemed to be the day when the relevant goods have been issued to the consumer (received from the supplier), unless another date is justified. 
  • Only a direct indication that the product in question has a guarantee (commercial guarantee) under certain conditions shall be regarded as a commercial guarantee. A general description of the goods or general information on the nature and characteristics of the goods in question does not constitute provisions of a commercial guarantee. 
  • When handing over a good for the performance of the repair of a commercial guarantee (if such is provided for) or for the performance of the repair necessary for the provisions of the conformity of the good with the provisions of the contract, the purchaser thereof must independently deliver it to the company (except if the applicable laws and regulations or the certifications provided do not provide for a supply obligation to the company), the good must be clean and complete. 
  • If the consumer does not comply with any of the indications given by the manufacturer, he shall lose the opportunity to exercise the right of withdrawal and/or to claim claims relating to the non-conformity of the goods with the terms of the contract. 
  • When applying a claim regarding non-conformity of goods with the provisions of the contract, the consumer shall append a copy of the document certifying the transaction to the claim application. 
  • Liability for the non-conformity of the goods with the terms of the contract shall not apply if the damage to the goods is attributable to the consumer himself and/or the goods have natural wear and tear and/or the goods have been used for unintended purposes and/or the goods have been damaged by exposure to external circumstances and/or the goods have been inappropriately or improperly stored and/or the goods have been used in economic (professional) activities. 

    7. Right of withdrawal

  • Only customers who are consumers may exercise the right of withdrawal (natural persons expressing a wish to purchase, purchase or be able to purchase or use goods or services for purposes not related to their economic or professional activities). The consumer may exercise the right of withdrawal and unilaterally withdraw from the contract of sale within 14 days from the day of receipt of the goods (part of the goods) (notifying the public thereof). 
  • In order for the consumer to exercise his right of withdrawal, the goods must be unused, undamaged and in their original appearance (undamaged labels, protective films, packaging, etc.). In exercising the right of withdrawal, the consumer shall be liable for any reduction in the value of the goods if the goods have been used in a manner incompatible with the principle of good faith, including for purposes other than the determination of the characteristics or performance of the goods. 
  • The use of the goods for the purpose of ascertaining and verifying the nature and nature of the goods must be carried out only to the extent that it would be possible to do so in the shop, otherwise the right of withdrawal cannot be exercised. 
  • The right of withdrawal shall not be exercised where the laws and regulations so provide, including, but not limited to, when the product is manufactured on the instructions of the consumer or the product is clearly personalised. 
  • If the consumer wishes to exercise the right of withdrawal, he must send to the public a completed form of the right of withdrawal to the address of the company or an e-mail indicating the consumer’s given name, surname, contact details of the consumer, the name of the goods purchased, the purchase price and delivery costs of the goods, the bank account number of the consumer, the notice of withdrawal from the contract for the purchase of goods. The consumer is also obliged to attach a proof of purchase. 
  • The consumer has a duty to deliver the goods to the public (if the consumer has received the goods) within 14 days after sending the written refusal. The company has the right not to refund to the consumer the amount of money it has paid for the goods until the consumer has delivered the goods to the public. If the consumer does not comply with the time limit for the return of the goods laid down in this Paragraph, the right of withdrawal shall be lost. 
  • The withdrawal form is available to the consumer here. 

  

  • The goods should preferably be returned with all (undamaged) packaging. If the consumer does not ensure the condition of the goods referred to in this paragraph, the right of withdrawal shall be lost. The return of the goods must be effected by post or delivery to the address indicated by the company and the costs of return shall be borne by the purchaser (consumer). 
  • In case of refusal, the company shall reimburse the money paid for the goods subject to the refusal not later than within 14 days from the receipt of the notice of exercise of the right of withdrawal, the goods and other necessary information. The Corporation shall not reimburse the expenditure (part of it) on the supply of goods greater than the standard cheapest form of receipt, or in the case of the purchaser himself securing the receipt/delivery of the goods. 

    8. Dispute resolution 

  • Dispute resolution – We request to submit a complaint regarding services and purchase of goods electronically, sending to the e-mail address of the company indicated in the regulations or the postal address of the company. The complaint will be examined within 15 working days from the date of receipt of the complaint, sending the reply to the contact address indicated in the complaint. 
  • If the complaint is found to be unfounded and the consumer does not agree with the recognition of the complaint as unfounded, the consumer has the right to use the alternative dispute resolution possibilities specified in regulatory enactments by submitting a written submission regarding the resolution of the out-of-court dispute, indicating: 

– given name, surname, contact details; 

– the date of submission of the application; 

– the nature of the dispute, the form of order sought and the reasons therefor. 

  • Information regarding out-of-court dispute resolution possibilities and out-of-court dispute resolution solutions: 

Dispute Resolution process: View here and view here 

Out-of-court dispute resolution database: View here 

A platform for online dispute resolution has been established under Regulation 524/2013 and you have the right to use it to resolve a dispute with the public – View here 

    9. Privacy and data protection 

  • All personal data of the buyer entered into the Internet store and/or transferred to the public shall be processed in accordance with the laws and regulations of the Republic of Latvia and the General data Protection Regulation, ensuring adequate protection thereof. The public shall not, without legal basis, use or share the information obtained provided online by the buyer. 
  • The purchaser has a duty, prior to the purchase of goods, to become acquainted with the information indicated in the Internet shop regarding the processing of personal data by the company (privacy policy). When using the Internet Store, the purchaser shall certify that he or she has become acquainted with the information provided by the public regarding the processing of personal data. 
  • The controller of the processing of the personal data of the purchasers shall be the undertaking. 
  • Main purposes for processing personal data of the purchaser – for entering into and execution of regulations (contract) (including identification of the purchaser, processing and receipt of orders for goods, sale and delivery, ensuring functionality of users registered on the Internet site), for fulfilling the requirements of the Law (including preparing accounting documents, including invoice, repayment of amounts of money due, administration of financial and other duties), as well as for the implementation and defence of their lawful rights. Subject to the individual consent of the data subject, the purpose of the processing may also be the transmission of commercial consignments. 
  • In certain cases (for buyers and potential customers who are legal persons or with the consent of natural persons (data subjects)), the public may, by e-mail, inform buyers of various types of updates related to the Internet store and the public, the offer of goods. 
  • In cases where, in the course of the use of the Internet store, the buyer provides the public with data from other natural persons (for example, the person who will receive the goods or the representatives of the legal person), the purchaser is responsible for the lawful provision of the data to the public and for the use of the data by the public for the intended purposes. 
  • The public may process the personal data of internet store users in aggregated form for statistical purposes in order to analyse and improve the services and products provided. 
  • For more information about data processing conditions and public privacy policies, press here. 

   10. Final provisions 

  • If the purchaser fails to comply or improperly complies with the regulations, violates the requirements of regulatory enactments, has caused losses or harm to the company or third parties, then the company has the right to refuse to supply goods to the purchaser, deny access to the Internet store, as well as unilaterally cancel orders (terminating contracts for the purchase of goods). 
  • All intellectual property rights in respect of the Internet Store and the content and trademarks and trade marks of the public shall be vested exclusively in the public or designated partners or producers (distributors). Without express written authorisation, the use of trademarks or other intellectual property owned by the public is not permitted in any way, whatever the purpose. 
  • The public is not responsible for the content of other websites to or from which the Internet Store links are directed. Links posted to an Internet store are provided for convenience only. 
  • The internet store user accepts that, under the laws applicable to guests, the parties are in no way liable (by contract, negligence or otherwise) for any interruption or technical error caused by the buyer’s use of this Internet store. 
  • The public does not guarantee the smooth and unmistakable operation of the Internet Store and there may be interruptions in the provision of this service, for example due to repair or maintenance of equipment. The Corporation shall not be liable for damage caused by the use of the Internet Store, unless otherwise provided in the mandatory legislation. 
  • If, for any reason whatsoever, a provision of the Staff Regulations has become unlawful or unenforceable, it shall not affect the validity and applicability of the other provisions. If the mandatory law provides for more favourable terms for the consumer as provided for in the regulations, the Parties shall, in the relevant matters, be guided by the relevant laws and regulations. 
  • The public shall have the right to amend or supplement these provisions at any time. The amended Regulations shall come into force immediately and shall apply to all purchases of goods made after the insertion of the new version of the Regulations in the Internet Store. 
  • The company is entitled to transfer to it the rights and obligations arising from the regulations to a third party. 
  • These Regulations and the distance purchase Agreement for goods have been entered into in accordance with the laws of the Republic of Latvia and it is considered that the place of entering into and performance of the distance purchase Agreement for goods is the Republic of Latvia. Even if provision is made for the supply of goods, which is carried out with the assistance of delivery undertakings, the compliance of these provisions with the laws of the Republic of Latvia shall not be altered. 
  • Any disputes arising between the buyer and the company shall be settled in accordance with the Regulations and the laws and regulations of the Republic of Latvia. If the court has jurisdiction to hear the dispute, the dispute shall be settled in the court of the Republic of Latvia. 
  • These provisions shall be without prejudice to the buyer’s right to apply to the competent national authorities for the protection of his rights. 
  • The public shall not be liable for delays in fulfilling or defaulting on obligations or any other type of failure resulting from circumstances and obstacles beyond the reasonable control of the public, which include but are not limited to strikes, government orders, military conflicts, hostilities or national emergency, terrorist threats or terrorist acts, environmental or climate anomalies, disease containment measures, epidemic or pandemic, delays in international supplies of goods and their components, failures by third parties, interference with an internet connection, and failure of computer hardware and software. In the event of such force majeure, the public will endeavour to remedy the delay as soon as possible. 
  • When making a purchase or order in an Internet store, the buyer declares that he has become acquainted with these terms, is aware of them to the buyer, understands them and fully agrees with them. The purchaser undertakes to become acquainted with the terms (their up-to-date version) each time the goods are purchased. A buyer is not entitled to order an item from an Internet store if he or she has not become acquainted with the terms or disagrees with them. 

To download the distance agreement and e-store terms of use, please press here. ll 

 

 

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