Agreement for Product Sale and Purchase in the DERMACOLLA Online Store
- General Provisions
1.1. These Terms and Conditions for Product Sale and Purchase (hereinafter the Terms) provide for the general conditions of the DERMACOLLA online store Dermacolla.com (hereinafter the Dermacolla Store), which apply to Purchasers ordering products in the Dermacolla Store.
1.2. The Dermacolla Store is a retail online store that is aimed at consumers who purchase goods for personal, family, household needs or for purposes not related to their economic or professional activity, individuals engaged in economic activity as well as legal entities.
1.3. The sale of products in the Dermacolla Store is organised, performed and the related services are provided to the Purchaser by Omnipack Sp. z o.o., registered address: Aleje Jerozolimskie 81, Warsaw, 02-001, Poland, National Court Register Entry: 0000604889, Tax identification number: 5223055791 (hereinafter the Intermediary), acting as intermediary of Crystal SIA, registered address: Vaiņodes iela 24A - 48, Riga, LV-1058, Latvia, registration No.: 40103159828, VAT payer code LV40103159828 (hereinafter the Seller). The Dermacolla Store sells products owned by the Intermediary.
1.4. For the purposes of these Terms, the Purchasers are considered to be persons who are capable individuals (adults whose legal capacity is not restricted by a court judgment), individuals performing economic activity or legal entities making purchases in the Dermacolla Store (with or without registration). For the sake of clarity, legal entities and individuals performing economic activity and purchasing products for a purpose related to their economic or professional activity are not considered to be consumers.
1.5. The Purchaser, who is a legal entity and/or individual purchasing products for the purpose of his/her economic or professional activity, is aware that laws and regulations protecting consumer rights will not apply to such a Purchaser.
1.6. By making a purchase in the Dermacolla Store and/or registering a user profile, the Purchaser confirms that he/she agrees with these Terms. Together with the order of products submitted by the Purchaser and/or the registration of a user profile, these Terms become an agreement entered into by and between the Purchaser and the Intermediary, which is document legally binding for both parties. The Agreement shall be deemed entered into if the Purchaser prepares and submits an order for products to the Dermacolla Store and/or creates a user profile, makes a payment in the procedure and by the deadlines specified in these Terms (if the Purchaser has opted to pay for the products at the time of ordering), and the Intermediary sends a confirmation to the e-mail address specified by the Purchaser that the Purchaser’s order has been accepted. The Agreement shall remain in force until the fulfilment of the parties’ obligations arising from this Agreement.
1.8. The Intermediary reserves the right to unilaterally amend, correct, or supplement the Terms; an up-to-date version of the Terms is available on the website of the Dermacolla Store. The Purchaser has an opportunity to get acquainted with the Terms before every purchase.
1.10. The Intermediary has the right to unilaterally, without warning, restrict the Purchaser’s use of services of the Dermacolla Store or cancel the Purchaser’s registration if the Purchaser uses the Dermacolla Store in breach of these Terms, tries to disturb the orders to be performed by the Dermacolla Store or the Intermediary, operational stability and (or) safety of work.
1.11. The Intermediary confirms to the Purchaser that it, as an intermediary, is authorized to trade in the Dermacolla Store, as specified in these Terms.
- Registration and processing of personal data
2.1 The Purchaser wishing to use the Dermacolla Store and purchase the products offered there must submit specific information before making the purchase, including that individuals must submit specific personal data or register in the system of the Dermacolla Store by filling out the registration form, in which specific data, including personal data of individuals, will also be required. The following personal data of the Purchaser must be specified in the registration form and/or before making a purchase, if opting to make purchases without registration, if the purchaser is an individual: name, surname, e-mail address, product delivery address, telephone number registered in Latvia, other data required for product delivery, but if the Purchaser is an individual performing economic activity, in addition to the above personal data, such individual shall specify his/her registration number of a performer of economic activity. If the Purchaser is a legal entity, the following information must be provided: name of the merchant, registration number, registered address, telephone number and e-mail address. For registration, it is possible to use the link of media profiles from the following pages, if the Purchases is an individual: Facebook, Instagram, LinkedIn and Google accounts. After registering with the social media account link, the Purchaser shall verify the accuracy of the data in the section My User Account.
The Purchaser can also order products as a guest. Before placing the order, the Purchaser must provide the following information: name, surname, contact information and product delivery address, if the Purchaser is an individual, but if the Purchaser is an individual performing economic activity, the registration number of a performer of economic activity must be specified as well. In the event the Purchaser is a legal entity, prior to placing the order it must provide the following information: name of the merchant, registration number, registered and product delivery addresses, e-mail address and telephone number.
2.2. The Purchaser is responsible for ensuring that the data provided in the registration form is accurate, correct, and complete. If the data indicated in the Purchaser’s registration form change, the Purchaser must immediately update them. In no event shall the Seller or the Intermediary be liable for any losses incurred by the Purchaser and (or) third parties as a result of the Purchaser having provided incorrect and (or) incomplete personal data or failing to update them.
2.3. The Purchaser has the right to freely change registration data, to supplement or to cancel his/her registration at any time.
2.4. Upon registration, the Purchaser creates individual login data (username and password) and undertakes to keep them secret and not to disclose them to third parties. After registration, the Purchaser takes full responsibility not to disclose the Purchaser’s password to third parties. The Purchaser is fully responsible for all actions made using the Purchaser’s account. If the Purchaser’s account is used by another person, Dermacolla Store will consider that such actions are performed by the Purchaser.
2.6. Personal data of the Purchaser, who is an individual, will be used to issue accounting documents, refunding overpayment and/or money for the products returned by the Purchaser, for debt settlement, performance of other obligations arising from the Purchase Agreement, and to provide the Purchaser with access to other services of the Dermacolla Store.
2.7. Personal data of the Purchaser, who is an individual, will be processed for direct marketing purposes only with the consent of the Purchaser. The Purchaser’s consent is expressed by filling out the registration form and marking the appropriate fields specified in these Terms.
2.8. A customer who is registered in the Dermacolla Store participates in the Loyalty Programme, the purpose of which is to provide the customer with advantages and additional benefits, such as providing registered customers with the opportunity to purchase goods at better prices, motivating existing customers to shop in the Dermacolla Store, attracting new customers and maintaining long-term relationships with customers.
- Prices of products, payment procedure and deadlines
3.1. The prices of products in the Dermacolla Store and in the created order are specified in Euros, including VAT. The Products are sold to the Purchaser at prices that are valid in the Dermacolla Store at the time of placing the order.
3.2. The Purchaser shall pay for the products in one of the following ways:
3.2.1. Payment using the payment initiation service at the time of the order: prepayment, providing the Purchaser with the opportunity to pay for the product or service in the online store by initiating a transfer from his/her bank account, without using a payment card. Payment is made similarly to currently making an internet bank payment, but the Purchaser is not redirected to his/her Internet bank website to connect to it. The payment initiation service is provided in accordance with the requirements set forth in the applicable laws and regulations governing the provision of payment initiation services. When providing a payment initiation service, the bank shall act as an intermediary, facilitating the initiation of payment by the Purchaser at the Purchaser’s payment service provider. The bank creates a payment order for the Purchaser’s authorization, based on the information provided by the Trader according to the Technical Specifications. The Purchaser authorizes the payment order in accordance with the terms of service of the Purchaser’s payment service provider. The Purchaser has the right to reject the payment order.
3.2.2. Payment by payment card at the time of order: prepayment
by using a MasterCard, American Express, VISA or VISA Electron debit card used by the Purchaser, or a credit card issued in the countries of the European Economic Area; payment cards issued in other countries can be used for this kind of payment in the Dermacolla Store.
When paying for products with the Purchaser’s credit or debit card, the Purchaser must enter his/her card details. When entering credit or debit card data, as well as when paying with a credit or debit card, no data is left in the system of the Dermacolla Store, because the Purchaser is directed to a secure server of a certified service provider in order to complete the payment. From this server, only partial information about the payment card number is returned to the system of the Dermacolla Store.
3.3. Upon choosing to pay for products at the time of ordering them, the Purchaser, in accordance with Paragraph 3.2. of the Terms, undertakes to pay for the ordered products immediately, but no later than within 5 (five) days from the moment of submitting the order. Only when the Intermediary receives a corresponding Purchaser’s payment for the products from the payment system operator of the Intermediary’s choice, the Intermediary starts the execution of the order and confirmation of the delivery (transportation), and the delivery time of the goods is to be calculated starting from this moment. The prices of products and their delivery are specified, including VAT.
3.4. If the Purchaser has chosen to pay for products at the time of ordering them in accordance with Paragraph 3.2. of the Terms, the Intermediary has the right to cancel the order without notifying the Purchaser in advance, if the Purchaser does not pay for the goods within 5 (five) days from the moment of submitting the order.
3.5. The Intermediary shall issue a VAT proforma-invoice and send it to the Purchaser’s e-mail address specified in the Purchaser’s Registration Form no later than within 3 (three) business days after the delivery of the products. The invoice shall be prepared electronically and is valid without a signature.
- Assembly and delivery of products
4.1. Trade in the Dermacolla Store is performed and the products are delivered throughout the territory of Latvia. The products are delivered by the authorized representative of the Intermediary.
4.2. A fee specified in the Delivery section of the Dermacolla Store website and valid at the time of submitting the order for the products shall apply for the service of product delivery. The product delivery fee can be either fixed or dependent on the value of the products ordered by the Purchaser.
4.3. The Intermediary is entitled to unilaterally determine at its own discretion the delivery fee, against which the Purchaser must select and order the products in the Dermacolla Store in order for the order to be performed.
4.4. The Intermediary will strive to perform the Purchaser’s order in full, but cannot and does not give any warranty. If there is no balance of the ordered products or sufficient quantity of products at the site where the order is assembled, the Intermediary reserves the right not to deliver the products or to deliver a smaller quantity of products.
4.5. Money for the products paid for by the Purchaser but not delivered by the Intermediary shall be refunded to the Purchaser’s account no later than within 10 (ten) business days from the intended delivery date of the consignment.
4.6. The products ordered by the Purchaser are delivered to the delivery address specified by the Purchaser at the time of purchase. The Intermediary ensures a contactless product delivery.
4.7. If the Purchaser is not present at the specified address and cannot be reached by the telephone number specified, the Intermediary has the right to hand over the products to any other adult at the specified address, but the Purchaser has no right to make any claims to the Intermediary regarding delivery of products to the inappropriate person.
4.8. If delivery of the products is not possible due to the fault of the Purchaser or due to circumstances dependent on the Purchaser (the Purchaser has entered a wrong address when registering in the Dermacolla Store system, the Purchaser or the recipient specified by the Purchaser cannot be found at the specified address, the person receiving the products is underage (the Intermediary is entitled to require presenting an identification document)), the delivery shall take place on the next and, if necessary, in accordance with the provisions of this Paragraph, also on the following business days. If the Purchaser or the recipient specified by the Purchaser cannot be found for 3 (three) business days then the money for the products not delivered shall be refunded to the Purchaser to the specified bank account within 10 (ten) business days, but the Delivery Fee shall not be refunded. Repeated delivery of the products is possible only by agreement with the Dermacolla Store administrator (contact information of the administrator is available in the Contacts section) as well as by paying a Delivery Fee for the repeated delivery of the products.
4.9. The Intermediary shall deliver the products to the Purchaser within the timeframe specified in the Delivery section. The Purchaser agrees that in exceptional cases the delivery of products may be delayed due to unforeseen circumstances beyond the control of the Intermediary. In this case, the Intermediary or the Intermediary’s authorized representative shall contact the Purchaser immediately and agree on the product delivery time.
4.10. In all cases, the Intermediary shall be exempt from liability for violation of the terms of product delivery, if the products are not delivered to the Purchaser or are not delivered on time due to the fault of the Purchaser or due to circumstances dependent on the Purchaser.
4.11. During the product delivery, the Purchaser or the person specified by the Purchaser together with the representative of the Intermediary (courier) shall check the visual condition of the consignment. If the Purchaser or the person specified by the Purchaser fails to check the visual condition of the consignment and record the data on damage to the consignment in the procedure specified in this Paragraph, the consignment shall be deemed delivered in appropriate quality.
4.12. After checking the condition of the consignment (Paragraph 4.11), the products shall be handed over to the Purchaser or a person specified by him/her. The Intermediary’s authorised representative shall make a note on the electronic device regarding handing over the order.
4.13. In cases when during the reception of the products the Purchaser has noticed that the products delivered in the consignment have visual damage, the Purchaser must immediately (during delivery) inform the Intermediary’s authorized representative about it, return the products to the Intermediary’s authorized representative, and note the reason in the product return document.
- Quality guarantee of products and expiration date
5.1. The characteristics of all products sold in the Dermacolla Store are generally specified in the product description next to each product. The Seller is responsible for the information regarding the characteristics of the products (their accuracy), and the Intermediary is responsible only for the correct specification (transfer) of this information to the Purchaser, unless provided otherwise by laws and regulations.
5.2. The Intermediary is not responsible for the fact that the products in the Dermacolla online store may not correspond to the actual size, shape, and colour of the products due to the characteristics of the screens (monitors) used by the Purchaser or other technical reasons, as well as taking into account reasonably possible discrepancies in the image.
5.3. In cases when, according to laws and regulations, any product has an expiration date, the Intermediary shall sell such products to the Purchaser in a way that the Purchaser is provided a real opportunity to use the products before their best before date.
5.4. If the Purchaser, which is a legal entity and/or an individual performing economic activity, after receipt of the order and within the period of the product validity establishes that the product is damaged and/or of poor quality, the Purchaser shall file the application with the Intermediary accompanied by a photograph of the damaged product, and, in such a case, the Intermediary will make a refund to the Purchaser’s account from which the purchase was made. The Intermediary is entitled to ask the Purchaser to return all the damaged products to the Intermediary at the address specified by the Intermediary.
- Right of withdrawal. Exchange of products and their return to Purchasers who are individuals
6.1. The Purchaser is entitled to use the right of withdrawal and unilaterally withdraw from the product purchase-sale agreement concluded in the Dermacolla Store by notifying the Intermediary in writing not later than 14 (fourteen) calendar days from the date of product delivery.
6.2. The Purchaser shall send a free-form notice in which the Purchaser (name, surname) and the date of the order are clearly identified, duly specifying all the necessary data for the exercise of the right of withdrawal, to the e-mail address: email@example.com.
6.3. The Purchaser must return the goods (if delivered) in accordance with Paragraph 6.7 of these Terms no later than within 14 (fourteen) calendar days after the notice of the exercise of the right of withdrawal has been sent. The Purchaser is responsible for the decrease of the value of the products during the exercising of the right of withdrawal.
6.4. The right of withdrawal specified in Paragraph 6.1. of these Terms may only be exercised by the Purchaser, who, according to the provisions of the Consumer Rights Protection Law of the Republic of Latvia, is recognized as a consumer, i.e., an individual, who expresses a wish to purchase, purchases or might purchase, or uses goods or a service for a purpose which is not related to his/her economic or professional activity.
6.5. The Purchaser (consumer) may not use the right of withdrawal provided for in Paragraph 6.1. of these Terms, if any of the following circumstances are established:
6.5.1. the products are perishable or expire soon (within the next 3 (three) days);
6.5.2. the consumer has opened the packaging of the products, which cannot be returned for health and hygiene reasons;
6.5.3. in other cases, set forth in the 20 May 2014 Cabinet Regulation No. 255 “Regulations regarding distance contracts”.
6.6. The Purchaser (consumer) is entitled to submit a claim to the Intermediary regarding the products that do not comply with the provisions of the Agreement, in accordance with the Consumer Rights Protection Law, and to exercise the rights specified in the above Law, in the procedure set forth by law.
6.7. The Purchaser shall send the product not complying with the provisions of the Agreement or the products, with regard to which the Purchaser has exercised the right of withdrawal, by mail/courier, or shall hand them to the order completion centre of the Intermediary free of charge, upon prior agreement with the Intermediary, via e-mail firstname.lastname@example.org, regarding the time of return of the products. Costs related to the return of the products shall be covered by the Purchaser. If the Purchaser wishes to return the products at the time of their delivery, the products must be returned to the Intermediary’s representative (courier) who had delivered them.
6.8. The money paid for the products, regarding which the Purchaser has exercised the right of withdrawal, shall be refunded to the Purchaser’s account no later than within 14 (fourteen) days from the date of receipt of the Purchaser’s notice of exercise of the right of withdrawal.
6.9. If the Purchaser notices non-conformity or product quality issue when the courier has already left, the Purchaser shall notify such within 72 hours after receipt of the order by writing to the e-mail email@example.com. After reviewing the application, and in case of a decision positive for the Purchaser, the money for the returned products will be transferred to the Purchaser’s bank account, from which the order was placed, within 5 (five) business days after the date when the products were returned. In case of a negative decision, the response will be sent to the Purchaser in the form of an e-mail.
- Exchange of information
7.1. The Intermediary shall send all notices and otherwise contact the Purchaser at the e-mail address or telephone number specified in his/her registration form.
7.2. The Purchaser shall send all notices and questions and otherwise contacts by e-mail (firstname.lastname@example.org).
- Final Terms and Dispute Resolution
8.1. These Terms have been drawn up in accordance with the laws and regulations of the Republic of Latvia.
8.2. If one of the parties suffers damages, the failing party shall indemnify the other party for damages in the procedure set forth by laws and regulations of the Republic of Latvia.
8.3. Any dispute that arises between the Purchaser and the Intermediary shall be settled through negotiations, by the parties trying to reach an agreement. In the event that a dispute arises between the Purchaser, which is a legal entity, or an individual performing economic activity, and the Intermediary, and the respective dispute cannot be resolved through negotiations, all such disputes shall be submitted for resolution to the court of the Republic of Latvia.
8.4. If it is not possible to resolve the dispute between the Purchaser (consumer) and the Intermediary through negotiations, the Purchaser (consumer) shall submit a written application to the Intermediary (an electronically submitted application does not require a signature), which shall specify:
1) his/her name, surname, address of residence, and contact information;
2) submission date of the application;
3) the essence of the dispute, his/her claim, and its substantiation.
8.5. Copies of documents certifying the transaction, as well as other documents substantiating the application (if possible), shall be attached to the application.
8.6. Within 15 (fifteen) business days from the date of receipt of the application, the Intermediary shall provide the Purchaser (consumer) with a written response to the application and shall inform about the possible method of claim settlement or dispute resolution, if no agreement regarding the performance of the consumer’s claim or alternative claim settlement method has been reached during the above period. If, due to objective reasons, it is not possible to provide a response to the consumer’s application by the above deadline, the Intermediary shall immediately inform the consumer in writing, specifying a reasonable term within which the response shall be provided, and justifying the need for such extension.
8.7. If the Intermediary considers that the Purchaser’s (consumer’s) claim is not substantiated, or is ready to offer the consumer another solution to the dispute, it shall inform the consumer of this in writing within the time limit specified in Paragraph 8.6. of these Terms. The Intermediary is obliged to justify the refusal of the consumer’s claim.
8.8. If the Purchaser (consumer) is satisfied with the solution offered by the Intermediary, the dispute shall be deemed resolved.
8.9. If the Intermediary refuses to satisfy the Purchaser’s (consumer’s) claim or the consumer is not satisfied with the solution offered by the Intermediary, the consumer is entitled to bring the issue to:
1) the Consumer Rights Protection Centre to receive assistance in resolving the dispute;
2) the Out-Of-Court Consumer Dispute Resolution Commission, website: http://www.ptac.gov.lv/lv/content/pateretaju-stridu-risinasanas-komisija-0, kas risina strīdus jomā, kurā darbojas Starpnieks; or via the platform https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooselanguage
3) the Commission for Solving Consumer Disputes, if the assistance provided to the consumer in resolving the dispute by the Consumer Rights Protection Centre has not ensured a result and it is possible to convene the Commission for Solving Consumer Disputes in the relevant field to review the dispute;