1. TERMS USED
The terms used in the text of these conditions shall have the following meaning:
1.1. Right of withdrawal means your rights within the prescribed deadline, if there are no identified obstacles, to waive the Goods you have ordered and received, returning it to the Company and receiving the price you have paid.
1.2. Online Shop means the Online Shop of the Company at www.biotude.eu. Online Shops of the Company or its affiliate, parent or sister companies in other countries, i.e. Online Shops which internet addresses have another country's highest-level domain code (ccTLD), which is not .lv, is not the Online Shop within the meaning of these Regulations.
1.3. Using Online Shop means using any Online Shop features, including shopping and placing comments in the Online Shop. Use of the Online Shop within the meaning of the Regulations is not considered visiting the Online Shop in viewing mode only without using any Online Shop functions.
1.4. Customer, You means You, as the Company customer who visits, can use, uses or used the Online Shop.
1.5. Conditions means these conditions of the Online Shop.
1.6. Access Data means data for access to your Online Shop user account (username and password).
1.7. Policy means separate rules under which the Company stores and processes your personal data.
1.8. Goods means the goods offered by the Company in the Online Shop.
1.9. Company, we, means limited liability company “LD STELS”, a legal person registered in the Republic of Latvia, registration number 40003476203. You can find our contact information in the Online Shop Contacts section.
2. BASIC RULES
The meaning of the rules
2.1. The Rules shall govern the relationship between you and the Company, determine how you can shop in the Online Shop and others issues related to shopping in the Online Shop and to use of the Online Shop.
2.2. Without the Rules, the relationship between you and the Company is regulated by Policy and the applicable law provisions.
Unconditional acceptance of the Rules
2.3. In order to use the Online Shop other than visiting the Online Shop without any other use of the Online Shop features, you must accept the Rules. You can only accept the Rules in full, without any reservations and exceptions. When using the Online Shop, you accept the Rules (give consent to the Rules) in full, without any reservations and exceptions.
2.4. If you do not agree with the Rules or any individual condition thereof, you should immediately end the Use of the Online Shop.
Amendment of the Rules
2.5. We can amend the Rules at any time, including adopting entirely new rules in replacing the existing Rules. On amending of the Rules, we will place a statement of relevant nature in the Online Shop.
2.6. The current version of the Rules is located in the Online Shop. You must use the version of the Rules that is available in the Online Shop.
Basic principles for using the Internet computer network
2.7. Using of the Online Shop requires you to connect to the Internet computer network. This means, inter alia, that you must have adequate technical and software provisions and connection to the Internet computer network. A fee may be charged for use of technical and/or software security and/or connection to the Internet computer network. You yourself are responsible for paying such a fee.
2.8. Using the Online Shop may include transmission of information across multiple computer networks, possibly in different countries. This process can happen beyond our or your reasonable control.
2.9. Transmission of information is inevitably linked to the risk that information may be intercepted by third parties, information may be damaged, infected with computer viruses or other harmful codes. You are aware and accept this risk and undertake not to raise any claims against us in this regard.
3. PERSONAL DATA
4. Online Shop
General rules for operation of the Online Shop
4.1. We do not guarantee that the Online Shop will be available online for a certain period of time and do not guarantee the availability of the Online Shop at all.
4.2. We can make any changes to the Online Shop, its functions, design and content at any time without notifying the Customers, and can stop or terminate its operation.
Online Shop activity area
4.3. The Online Shop is available only to the Customers located in the territory of the European Economic Area (the European Union and the European Free Trade Association).
4.4. You may choose the place of delivery or receipt of the Goods only within the territory of the European Economic Area (the European Union and the European Free Trade Association).
Registration in the Online Shop. User account
4.5. You must register for shopping in the Online Shop. When you sign up to the Online Shop, you create your user account and Access Data.
4.6. You can select to receive news and announcements from us regarding the Goods, the Online Shop, and other news that may be interesting for you via e-mail, with text messages (if this possibility is supported) or in any other way (if this possibility is supported).
4.7. If you have opted in to receive news and announcements from us, you can opt out from receiving the same at any time:
4.7.1. in the case of electronic mail – by means of an appropriate Online Shop function (if this possibility is supported) or by pressing appropriate button, which is available in each our electronic mail, which you have received because you have opted in to receive our news and notifications;
4.7.2. in the case of other types of notification– by means of appropriate Online Shop function.
4.8. We can provide you with an opportunity to comment on certain Goods by placing your views on the Online Shop section of the Goods concerned.
4.9. By placing your comments, you must, inter alia, comply with the obligations under Section 6 of the Regulations, in particular the obligation to comply with generally accepted rules of communication (paragraph 6.2 of the Regulations) and to refrain from insulting and offensive behaviour (paragraphs 6.1.1 and 6.1.4 of the Regulations).
4.10. If you consider any comment placed in the Online Shop being offensive or otherwise violating the Rules, please let us know.
4.11. We can delete any comment placed in the Online Shop if, in our view, such a comment violates these Regulations, applicable regulatory enactments, or is otherwise disturbing or undesirable. We do not need to explain or justify the reasons for our action.
4.12. We can switch off the opportunity for comments at any time if this possibility was envisaged.
5.1. The Goods, their price and their description are indicated in the Online Shop.
5.2. All the Goods are new and without defects.
5.3. All the prices are indicated with value added tax.
5.4. We do not guarantee the actual availability of all the Goods listed in the Online Shop and availability of the Goods in any specific quantity. This means that you may not be able to order certain Goods or order a certain quantity thereof.
5.5. We can change the assortment, price and characteristics of the Goods at any time and we will not announce any such changes. To see the current assortment of items and prices, you need to look into the Online Shop.
5.6. You must remember that the amount of money you will have to pay for ordering the Goods consists of:
a) the total amount of the Goods ordered;
b) the fee for delivery of the Goods;
c) the fee charged by your payment service provider.
5.7. We can provide that a fee is cancelled for the delivery of Goods in respect of orders above a certain amount. We can change at any time, including raising, the previous threshold for cancellation of the fee for delivery of Goods, limiting the cancellation of fee only for addresses in a particular delivery area, providing zoning with different thresholds, or refusing such an option at all.
5.8. You will be able to see in any case the total amount you will have to pay for the Goods to be ordered before the order is approved.
5.9. Ordering of the Goods takes place by selecting the Goods, choosing the type of delivery and entering the defined information in the Online Shop, as well as other by undertaking other activities provided in the Online Shop.
5.10. You must pay for the ordered Goods to complete ordering of the Goods. After payment for the Goods, your order is considered to be placed and is transferred for processing.
5.11. The specific types of payment may vary. We can opt out from any of the existing types of payment, as well as introduce new types of payment.
5.12. In the future, we can also offer other payment arrangements, such as payment when the Goods are received. We can make it available only for receiving addresses in a certain area, as well as to provide for other restrictions and conditions.
5.13. Generally, we will not inform customers separately about changes in the types and arrangements of payment, but we can do so if we believe such information is useful or necessary. To see the current types and arrangements of payment, you need to look into the Online Shop.
5.14. The Online Shop specifies the available ways of delivery. In the future we can change ways of delivery and introduce new ways of delivery.
5.15. After placement of order for the Goods, we will process your order and transfer it to delivery according to the type of delivery you have selected.
5.16. Delivery can be made by our partners or by ourselves.
5.17. Typically, delivery is carried out within 2 (two) working days from the placement of order if your receiving address is in Latvia. If your receiving address is outside Latvia, the delivery period is determined on an individual basis and depends on several factors (your receiving address, the way of delivery, the need for customs clearance of the Goods, etc.). You must understand that delivery time is indicative and may change for different reasons, some of which are beyond our control (weather, road conditions, traffic accidents, technical damage, etc.). We and our partners will, in any case, seek to ensure that delivery is carried out in a timely manner.
5.18. If particular delivery is carried out by our partner, this partner will determine the practical aspects related to the delivery (contact you, agree on a specific time of delivery if delivery to home is envisaged, etc.).
5.19. The contract concluded when you are ordering the Goods, is not a contract concluded for a definite or indefinite period of time.
6. OBLIGATIONS OF THE CUSTOMER
6.1. If you use the Online Shop, you must comply with some responsibilities. You cannot use the Online Shop, including any of its individual functions, by performing activities that are:
6.1.1. illegal, immoral, discriminatory, violation of the privacy or personal data of others, waste money, etc.;
6.1.2. causing obstacles or disturbances to the activities of the Company or the Online Shop;
6.1.3. distributing computer viruses or other software with harmful code, regardless of the nature, shape or effects of such code;
6.1.4. affect the rights and legitimate interests of other our Customers;
6.1.5. otherwise violating the requirements of regulatory enactments.
6.2. In communication with the Company and other our Customers, if this happens, you must comply with the generally accepted rules of communication.
Your persons involved
6.3. When using the Online Shop, including placing orders, paying for and receiving the Goods, you must ensure that all the persons involved on your behalf are adequately authorised to represent you. This means that these persons are acting according to your instructions, with your knowledge and your consent.
6.4. We and our partners who are involved in ensuring the operation of the Online Shop and in the supply of Goods are able to rely on the fact that all the persons with whom we or our partners communicate or who communicate with us and our partners using the contact details (telephone, electronic mail) specified by you, or who are located in the receiving address specified by you , are appropriately authorised to represent you. You are responsible for and acknowledge that you are bound by all the actions taken by these persons.
Non-transfer of Access Data to unauthorised persons
6.5. You must ensure that your Access Data does not arrive at the disposal of unauthorised persons.
6.6. If you suspect that your Access Data arrived at the disposal of unauthorised persons, you must notify us immediately thereof.
6.7. We and our partners who are involved in ensuring the operation of the Online Shop and the supply of Goods, unless you have notified us of the Access Data becoming at disposal of unauthorised persons (paragraph 6.6 of the Regulations), we can rely on that all the activities having been carried out by means of your Access Data were performed by you or the persons appropriately authorised to represent you. You are responsible for and acknowledge that you are bound by all the actions made by means of your Access Data.
7. RIGHT OF REFUSAL
7.1. If you are a consumer (a natural person who orders the Goods for a purpose which is not related to your economic or professional activity), you have the right to refuse the Goods delivered in certain cases without mentioning the reason for withdrawal (Right of Withdrawal). Cases where you cannot use the right of withdrawal are mentioned below (paragraphs 7.12 and 7.13 of the Regulations).
Period for the Use of Right of Withdrawal
7.2. You are entitled to use the Right of Withdrawal within 14 days of the date determined under one of these clauses (for each case, only one clause may apply):
7.2.1. if one Item was ordered, - from the date on which you have obtained or a third party other than the carrier and which you have indicated has acquired the Item in possession;
7.2.2. if several Items are ordered in one order that are delivered separately ‑ the days when you have acquired or the third person other than the carrier and which you have indicated has acquired the last Item in possession;
7.2.3. if the Item consisting of several lots or portions is delivered ‑ the days when you have acquired or a third party other than the carrier and which you have indicated has acquired the last lot or portion in possession.
7.3. In order to ensure that the time limit for use of the right of withdrawal is respected, it is sufficient that your notification of the use of the right of withdrawal will be sent to us before the expiry of the term of withdrawal.
Procedures for Exercising of the Right of Withdrawal
7.4. In order to exercise the right of withdrawal, you must notify us of the decision to refuse the Item by means of a clear statement (by letter sent by mail, by document signed by electronic signature sent through electronic mail). You can use such a sample of the opt-out form [reference to the form], but this is optional.
7.5. You must send to the Company a notice of the Use of the Right of Withdrawal to the Public Address or e-mail address found in the Online Shop contacts section.
7.6. You must send the Items back to or deliver to us in our office, which address you can see in the Online Shop contacts section. You must do this without undue delay and, in any case, not later than within 14 days from the date on which you have notified us of the use of the Right of Withdrawal. The deadline will be met if you send the Goods back before the expiry of 14-day deadline.
Consequences of the use of the Right of Withdrawal
7.7. If you refuse the ordered Item, we will repay you all the payments received from you, including the cost of delivery (excluding the additional costs incurred because you have selected a form of delivery that is not the cheapest standard of delivery we offer), without undue delay and, in any case, not later than within 14 days from the day when we were informed of your decision to refuse the Item.
7.8. Reimbursement will be made using the same means of payment as you used for the original transaction unless you have expressly expressed your consent to do so differently. In any case, you will not be charged for such reimbursement.
7.9. We can suspend the repayment until we have received the Goods back or when you have submitted to us proof that the Goods have been sent back, depending on which activity is performed earlier.
7.10. You will have to bear the direct costs associated with returning of the Goods (such as the cost of mail for sending a returnable Goods to us).
7.11. You are only responsible for decreased value of the Goods if the Goods are used not to identify the type, nature and activity of the Goods, but for other purposes.
Cases where you cannot use the Right of Withdrawal
7.12. The applicable regulatory act (the Cabinet Regulation No 255 of 20 May 2014 “Regulations Regarding Distance Agreement”, Clause 22) determines cases where you cannot exercise the Rights of Withdrawal. These cases are:
7.12.1. the consumer has unsealed the packaging for goods which are not suitable for return due to health protection or hygiene reasons;
7.12.2. the goods are made to the consumer's specifications or are clearly personalised;
7.12.3. the goods are liable to deteriorate or expire rapidly;
7.12.4. the goods are, after delivery, according to their nature, inseparably mixed with other items.
For example, you cannot use the Right of Withdrawal for creams, shampoos, masks, hair balms and similar products if you have opened the cap and if the package has a protective film, ripped off the protective film.
7.13. If there are differences between the list in paragraph 7.12 and the provisions of applicable regulatory enactments, you should be guided by the provisions of the applicable regulatory enactments.
8. INTELLECTUAL PROPERTY
8.1. All the intellectual property rights (including copyright and right to domain name) to the Online Shop, the Online Shop program code, the Online Shop design, the Online Shop content (including photographs of the Goods), the Online Shop Domain Name, the Company Trademark, the Company Commercial Designation, the Company Firm Name (merchant's name) are owned by the Company, the Company affiliates, or the Company cooperation partners.
8.2. All the intellectual property rights (including rights to trade marks and patents) for the Goods are owned by their respective owners.
8.3. You do not have the right to use any object of the intellectual property rights listed in paragraphs 8.1 and 8.2 of the Regulations whatsoever, and the rights to these objects without prior explicit written permission of the Company or of the relevant cooperation partners of the Company.
You do not have the right to use any of the intellectual property rights listed in paragraph 8.2 of the Regulation whatsoever without prior explicit written permission of those rightholders, except in the amount required for normal consumption.
8.4. If you have doubts whether any specific information related to the Online Shop is or is not an intellectual property of the Company or of the Company cooperation partners, as well as doubts as to whether the Company or the relevant cooperation partner of the Company has given you the authorisation referred to in paragraph 8.3 of the Regulations, you must refer to the Company for instructions and act in accordance with the instructions provided by the Company.
If you have doubts that any specific information or individualization means related to the Goods is or is not the protected intellectual property, as well as doubts as to whether the owner of the intellectual property concerned has given you the authorisation referred to in paragraph 8.3 of the Regulations, you must seek instructions from the owner of the intellectual property concerned and act in accordance with the instructions provided by them.
9.1. Both our and your responsibility in connection with the purchase of goods in the Online Shop is determined in accordance with the laws of the Republic of Latvia.
10. APPLICABLE LAW
10.1. All the issues related to the use of the Online Shop and the relationship between you and the Company are subject to the laws of the Republic of Latvia.
11. DISPUTE SETTLEMENT PROCEDURES IF THE CLIENT IS CONSUMER
11.1. This Section 11 defines the procedures for dispute settlement in case you are a consumer (a natural person who orders the Goods for a purpose that is not related to your economic or professional activity).
11.2. If you consider that your received Goods does not comply with the contractual terms, you are entitled to lodge with us a claim for the non-compliance of the Goods within 2 (two) years from the day of acquiring the Goods. You must submit a claim statement to us within 2 (two) months from the date on which you have detected non-conformity of the Goods with the provisions of a contract. The date shall be considered as the date of purchase of the Goods when you have acquired or a third party other than the carrier and which you have indicated has acquired the Goods in possession (Section 27 of the Consumer Protection Law).
11.3. You must take into consideration that the claim for the non-conformity of the Goods with the provisions of a contract is unlikely to be satisfactory if:
11.3.1. You have stored the Goods without complying with the rules for the storage of the Goods;
11.3.3. The term of validity of the Goods has expired;
11.3.4. Your objections relate to the consistency, colour, texture or other factors of the Goods, which do not significantly affect the specificities of use of the Goods.
For the avoidance of doubt: you must take into account that natural raw materials are used in the production of Goods. This means that, among individual lots of the same Item, there may be differences in terms of consistency, colour, texture, transparency and other aspects. Similarly, there may be differences between individual lots and even separate packages within a single lot of the same Goods, in the presence of individual elements, such as berries, in the Goods item (quantity of elements, colour, shape and appearance thereof). Such differences shall be admissible and shall not, in themselves, affect the quality of the Goods.
11.4. We will make reasonable efforts to resolve any of your claims regarding the Goods you receive if you have any.
11.5. If you believe that the dispute cannot be resolved via negotiations, you may apply to us with a written submission (Section 26.1 of the Consumer Protection Law), stating:
11.5.1. your given name, surname, address and contact details of the place of residence;
11.5.2. the date of submission of the application;
11.5.3. substance of the dispute, your claim and its justification.
You must add copies of the transaction confirming documents as well as other supporting documents (if possible) to the submission.
11.6. Generally, claims regarding non-conformity of the goods, if any, are sent by us to the manufacturer of the Goods.
11.7. We will endeavour to provide you with a reply to the application within 15 (fifteen) working days from the date of receipt of the submission and to inform you of the possible manner of execution or solution of the dispute if there is no agreement reached regarding execution of your claim or an alternative manner of execution of the claim within that period. If this deadline cannot be met, we will inform you of this, indicating the deadline in which the reply will be given.
11.8. If you are not satisfied with the result of examination of the application, you are entitled (Section 26.1 (10) of the Consumer Protection Law) to turn to:
11.8.1. the Consumer Rights Protection Centre in order to receive assistance in solving the dispute;
11.8.2. the Commission for Solving the Consumer Disputes, if the assistance provided by the Consumer Rights Protection Centre in solving the dispute has not ensured a results and it is possible to convene the Commission for Solving the Consumer Disputes in the relevant field for examining a dispute;
11.8.3. the court.
11.9. For details regarding the procedure for handling disputes, you can refer to the Consumer Rights Protection Center.
12. DISPUTE SETTLEMENT PROCEDURES IF THE CLIENT IS NOT CONSUMER
12.1. This Section 12 defines the arrangements for dispute settlement in case you are not a consumer.
12.2. If you consider that the Goods you receive does not comply with the provisions of the contract, you must submit a sufficiently specific and substantiated claim to us in writing before referring to the court.
12.3. We will try examine it in a reasonable time and provide you with a response in writing.
12.4. If you are not satisfied with the response we provide, you have the right to refer to the court.
12.5. The Court of First Instance for all disputes between us will be court of Vidzeme District of the Riga City.
13. COMMUNICATION BETWEEN US
13.1. Communication between us can take place through the following types of communication:
13.1.1. sending of consignments by electronic mail;
13.1.2. telephone communications, both in the form of voice calls and by means of text messages;
13.1.3. communication in social networks;
13.1.4. sending of consignments by mail.
13.2. The following contact information may be used in communication:
13.2.1. When you are communicating with the Company:
184.108.40.206. Contact information of the Company (postal address - address of the central office of the company) published in the Online Shop; or
220.127.116.11. contact information we have indicated when communicating with you.
13.2.2. when we are communicating with you:
18.104.22.168. Your contact information that is specified in your user account in the Online Shop; or
22.214.171.124. the contact information you have indicated when communicating with us.
13.3. We can require you to use the means of communications that allow us to verify your identity (for example, to send us a consignment in a paper form with regular mail or to submit it personally or to send a consignment with a secure electronic signature by electronic mail), in the following cases:
13.3.1. in a given question, it is important for us to verify your personality (for example, with regard to issues related to the processing of your personal data performed by the Company);
13.3.2. if you are contacting us, using such means of communication (electronic mail, telephone) which are different from the means of communication previously notified to the Company (for example, when you register at the Online Shop);
13.3.3. if there is a dispute between us, including if you pursue a consumer claim (Section 11 of the Regulations);
13.3.4. in other cases, when at the discretion of the Company, it has reasonable grounds.
13.4. Correspondence shall be deemed to be received:
13.4.1. when sent by you to the Company:
126.96.36.199. as a regular postal consignment – on the 3rd (third) day after deposited in the post office, not counting the day of depositing;
188.8.131.52. as e-mail message - on the following working day after the date of dispatch;
13.4.2. when sent by the Company to you:
184.108.40.206. as a regular postal consignment – on the 5th (fifth) day after deposited in the post office, not counting the day of depositing;
220.127.116.11. as e-mail message – on the 3rd (third) day after the date of dispatch.