General terms of the page

Terms of purchase and sale of goods and services on the website of the Laima Chocolate Museum

 

  1. General Provisions

1.1. These Terms and Conditions of Purchase and Sale of Goods and Services (hereinafter – Terms) provide the general terms and conditions of the Laima Chocolate Museum online service and e-shop https://www.laimasokoladesmuzejs.lv (hereinafter – Laima Chocolate Museum E-shop), which apply to Buyers who order goods and services in the Laima Chocolate Museum E-shop. 1.2 Laima Chocolate Museum E-shop is an online retail store aimed at consumers who purchase goods and services for personal, family, household needs, or for purposes other than their business or professional activities.

1.3 In the Laima Chocolate Museum E-shop, goods and services are sold, trade is organized and performed, and related services are provided to the Buyer by SIA Orkla Latvija, registered address: Miera iela 22, Riga, LV-1001, Latvia, registration number: 40103217882, VAT payer code LV40103217882 (hereinafter – the Seller).

1.4. For the purposes of these Terms, the Buyers are considered to be persons who are natural persons with the capacity to act (adults whose legal capacity is not restricted by a court judgment) and who are making purchases in the Laima Chocolate Museum E-shop. (with or without registration).

1.5. By making a purchase in the Laima Chocolate Museum E-shop, the Buyer confirms that he/she complies with provisions of Clause 1.4. of these Terms.

1.6. By making a purchase in the Laima Chocolate Museum E-shop and/or registering a user profile, the Buyer confirms that he/she agrees with these Terms. Together with the order of goods/services submitted by the Buyer and/or the registration of a user profile, these Terms become an agreement concluded between the Buyer and the Seller, which is a legally binding document for both parties. The Agreement shall be deemed concluded if the Buyer prepares and submits an order for goods/services in the Laima Chocolate Museum E-shop and/or creates a user profile, makes a payment in accordance with the procedures and within terms specified in these Terms (if the Buyer has chosen to pay for the goods/services at the time of ordering), and the Seller sends a confirmation to the e-mail address specified by the Buyer that the Buyer’s order has been accepted. The Agreement shall remain in force until the fulfilment of the parties’ obligations arising from this Agreement.

1.7. The Buyer is not entitled to place an order for goods/services in the Laima Chocolate Museum E-shop if he/she has not read Terms, Privacy, and Cookie Policy and the rules of the Laima Chocolate Museum and/or does not agree with the abovementioned documents. In cases when the Buyer does not agree with the Terms, Privacy, and Cookie Policy or a certain part thereof, he/she shall not be able to order goods and services in the Laima Chocolate Museum E-shop. When ordering goods and/or services in the Laima Chocolate Museum E-shop, it shall be assumed that the Buyer has read the Terms and Conditions, the rules of the Laima Chocolate Museum, Privacy Policy, and Cookie Policy, and that the Buyer agrees with them.

1.8. The Seller 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 Laima Chocolate Museum E-shop. The Buyer has an opportunity to get acquainted with the Terms before every purchase.

1.9. The Seller does not take on any risk or responsibility and is to be released from such without objections if the Buyer has not read the Terms, Privacy, and Cookie Policy in part or in full, despite being given such an opportunity.

1.10. The Seller has the right to unilaterally, without warning, restrict the Buyer’s use of Laima Chocolate Museum E-shop services or cancel the Buyer’s registration if the Buyer uses the Laima Chocolate Museum E-shop in violation of these Terms, tries to disturb the orders of the Laima Chocolate Museum E-shop, stability, and/or safety of the work.

  1. Registration and processing of personal data

2.1. The Buyer who wishes to use the Laima Chocolate Museum E-shop and purchase the goods and services offered there must submit certain personal data before the purchase or register in the system of the Laima Chocolate Museum E-shop by filling out the registration form, in which certain personal data also will be required.

As a guest, the Buyer can order any goods; however, regarding services, the Buyer is only entitled to order tickets for a visit to the Laima Chocolate Museum, while other services are available only after registration. Before placing an order to purchase goods, the Buyer must submit the following information: name, contact details, and the delivery address of the goods (Omniva parcel machine or when using courier service – exact delivery address). When purchasing services, it is necessary to submit name and e-mail address for receiving the e-ticket and a phone number.

2.2. The Buyer is responsible for ensuring that the data provided in the registration form is accurate, correct, and complete. If the data indicated in the Buyer’s registration form change, the Buyer must immediately update them. In no event shall the Seller be liable for any losses incurred by the Buyer and (or) third parties as a result of the Buyer’s having provided incorrect and (or) incomplete personal data or failing to update them.

2.3 The Buyer has the right to freely change registration data, to supplement or to cancel his/her registration at any time.

2.4 Upon registration, the Buyer creates individual login data (username and password) and undertakes to keep them secret and not to disclose them to third parties. After registration, the Buyer takes full responsibility not to disclose the Buyer’s password to third parties. The Buyer is fully responsible for all actions made using the Buyer’s account. If the Buyer’s account is used by another person, Laima Chocolate Museum E-shop will consider that these actions are performed by the Buyer.

2.5. Customer’s personal data will be processed in accordance with the Privacy Policy. If the Buyer uses the services provided by the Laima Chocolate Museum E-shop, it is considered that he/she agrees to the processing of the Customer’s personal data and confirms that all information and personal data provided are correct and true.

2.6 The Buyer's personal data will be used to issue accounting documents, repay overpayments and/or money for the goods returned by the Buyer, for debt settlement, for fulfilment of other obligations arising from the Purchase Agreement, and to provide the Buyer with access to other services of the Laima Chocolate Museum E-shop.

2.7. The Buyer’s personal data will be processed for direct marketing purposes only with the consent of the Buyer. The Buyer’s consent is expressed by filling out the registration form and marking the appropriate fields specified in these terms.

  1. Prices of goods and services, payment procedure, and terms

3.1. The prices of goods and services in the Laima Chocolate Museum E-shop and in the created order are indicated in Euros with the VAT rate valid in the Republic of Latvia. The goods and services are sold to the Buyer at the prices that are valid in the Laima Chocolate Museum E-shop at the time of submitting the order.

3.2 The buyer pays for the product and/or service in one of the following ways:

3.2.1. Payment using the payment initiation service at the time of the order: prepayment, providing the Buyer with the opportunity to pay for the product and/or service in the online store by initiating a transfer from his bank account and without using a payment card. Payment is made similarly to now, when making an internet bank payment, but the Buyer 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 legislation 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 Buyer at the Buyer’s payment service provider. The Bank creates a payment order for the Buyer’s authorization, based on the information provided by the Seller. The Buyer authorizes the payment order in accordance with the terms of service of the Buyer’s payment service provider. The Buyer has the right to reject the payment order.

3.2.2. Payment using a payment card at the time of order: prepayment using a MasterCard, VISA debit card, or credit card used by the Buyer and issued in a country of the European Economic Area; payment cards issued in other countries cannot be used for payments in the Laima Chocolate Museum E-shop in this way. When paying for goods and/or services with the Buyer’s credit or debit card, The Buyer must enter his/her card details. When entering credit or debit card data, as well as when paying with a credit or debit card, the Buyer is not leaving data in the system of the Laima Chocolate Museum E-shop, because the Buyer 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 Laima Chocolate Museum E-shop.

3.3. Upon choosing to pay for goods and/or services at the time of ordering them, the Buyer, in accordance with Clause 3.2. of the Terms, undertakes to pay for the ordered goods and/or services immediately, but no later than within 5 (five) days from the moment of submitting the order. Only when the Seller receives a corresponding Buyer’s payment for the goods and/or services from the payment system operator of the Seller’s choice, the Seller 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 Services, Goods, and delivery thereof are indicated, including VAT.

3.4 If the Buyer has chosen to pay for goods and/or services at the time of ordering them in accordance with Clause 3.2. of the Terms, the Seller has the right to cancel the order without notifying the Buyer in advance, if the Buyer does not pay for the goods within 5 (five) days from the moment of submitting the order.

3.5 The Seller shall issue a VAT invoice and send it to the Buyer’s e-mail address indicated in the Buyer’s Registration Form no later than within 3 (three) working days after the delivery of the goods. The invoice is prepared electronically and is valid without a signature.

  1. Assembly and delivery of goods and services

4.1 Sales in the Laima Chocolate Museum E-shop can be made and goods/services can be delivered throughout the territory of Latvia, as well as in Lithuania and Estonia, via Omniva. The goods are delivered by the Seller’s authorized representative, SIA Omniva, in two ways – either via the parcel machine network or via courier services – while purchased services can be received in the form of an electronic ticket sent to the e-mail address provided by the Buyer.

4.2 For the service of delivery of goods, a payment, indicated in the „Delivery“ section of the Laima Chocolate Museum E-shop website and valid at the time of submitting the order for goods, is applicable. The payment for the delivery of goods can be both fixed and dependent on the chosen type of delivery; the price for delivery service outside the territory of Latvia may be higher.

4.3 When purchasing services, the Buyer receives an electronic confirmation/e-ticket to the e-mail address indicated by the Buyer while making a purchase in the Laima Chocolate Museum E-shop. Upon receiving a service, the Buyer must present either an electronic ticket or a printed ticket. (If the service has been purchased at a discount, then when attending the event, the documents/certificates that enabled the discount must be presented.)

4.4 The Seller has the right to unilaterally and at its own discretion set the delivery fee and the minimum amount of the shopping cart, i.e., the minimum amount for which the Buyer must select and order goods and services in the Laima Chocolate Museum E-shop for the order to be fulfilled.

4.5. The Seller will strive to fulfill the Buyer’s order in full, but cannot give and does not give any warranties. If there is no balance of the ordered goods or sufficient quantity of goods at the site where the order is assembled, the Seller reserves the right not to deliver the goods or to deliver a smaller quantity of goods.

4.6. Money for goods paid for by the Buyer but not delivered by the Seller shall be refunded to the Buyer’s account no later than within 5 (five) working days from the intended delivery date of the shipment.

4.7. The goods ordered by the Buyer are delivered via the type of delivery chosen by the Buyer – via parcel machine networks or courier services.

4.8. If the Buyer is not present at the indicated address and cannot be reached by the indicated telephone number, the Seller has the right to hand over the goods to any other adult at the indicated address, but the Buyer has no right to make any claims to the Seller regarding delivery of goods to the wrong person.

4.9. If the delivery of the goods is not possible due to the fault of the Buyer or due to circumstances dependent on the Buyer (the Buyer has entered a wrong address when registering in the Laima Chocolate Museum E-shop system, the person receiving the goods is a minor (the authorized representative of the Seller has the right to request the presentation of an identity document)), the money for the undelivered goods is returned to the indicated bank account of the Buyer within 5 (five) working days, but the Delivery fee is not refunded. Repeated Delivery of goods is possible only by agreement with the administration of the Laima Chocolate Museum E-shop (contact information of the administrator is available in the Contacts section), as well as by paying a Delivery fee for the repeated Delivery of goods.

4.11. In all cases, the Seller shall be released from liability for violation of the terms of delivery of goods, if the goods are not delivered to the Buyer or are not delivered on time due to the fault of the Buyer or due to circumstances dependent on the Buyer.

During the delivery of the goods, if the goods have been delivered by courier, the Buyer or the person indicated by the Buyer together with the Seller’s authorized representative (courier) check the volume and visual condition of the shipment. If the Buyer or the person indicated by the Buyer does not check the visual condition of the shipment, noting the data related to damages of shipment in accordance with Clause 4.11., the shipment shall be deemed to be delivered in appropriate quality. After checking the quantity and condition of the shipment, the goods shall be handed over to the Buyer or a person indicated by the Buyer. The Seller’s authorised representative shall make a note on the electronic device about the delivery of the order. In cases when during the reception of the goods the Buyer has noticed that the goods delivered in the shipment have visual damage, the Buyer must immediately (during delivery) inform the Seller’s authorized representative about it, return the goods to the Seller's authorized representative, and fill out the claim form.

  1. Quality guarantee of products and expiration date

5.1. The characteristics of all goods and services sold in the Laima Chocolate Museum E-shop are generally specified in the description of each good and service. The Seller is responsible for the information regarding the characteristics of the goods and services (their accuracy) and for the correct specification (transfer) of this information to the Buyer, unless provided otherwise by laws and regulations.

5.2. The Seller is not responsible for the fact that the goods – souvenirs – in the Laima Chocolate Museum E-shop may not correspond to the actual size, shape, and colour of the goods, due to the characteristics of the screens (monitors) used by the Buyer or other technical reasons, as well as taking into account reasonably possible discrepancies in the images.

5.3. In cases when, according to laws and regulations, one of the goods has an expiration date, the Seller undertakes to sell such goods to the Buyer in a way that the Buyer is given a real opportunity to use the goods.

  1. Right of withdrawal. Exchange and return of goods, denials of service

6.1. The Buyer has the right to exercise the right of withdrawal of goods and services and unilaterally withdraw from the purchase and sale and/or service agreement concluded in the Laima Chocolate Museum E-shop by notifying the Seller in writing no later than within 14 (fourteen) calendar days after the date of delivery or, if a service, no later than within 14 (fourteen) calendar days from the date of conclusion of the agreement specified in these Terms. The Buyer cannot withdraw from an already fully provided service. If the services of the Laima Chocolate Museum -– a visit to the museum – have actually been provided during the term of right of withdrawal, it is considered that the Buyer has clearly been aware of and agreed to start the service during the right of withdrawal, and that the Buyer is aware of the loss of his/her right of withdrawal.

6.2. The Buyer shall send a free-form notice in which the Buyer (name, surname) and the date of the order are clearly identified, duly specifying all the necessary data on the exercise of the right of withdrawal, to the e-mail: muzejs@laima.lv

6.3. The Buyer must return the goods (if delivered) in accordance with Clause 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 Buyer is responsible for the decrease of the value of the goods during the exercising of the rights of withdrawal.

6.4. The rights of withdrawal stated in Clause 6.1. of these terms may only be exercised by the Buyer who according to the provisions of the Consumer Rights Protection Law of the Republic of Latvia is recognized as a consumer, i.e. a natural person 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 Buyer (consumer) may not use the right of withdrawal provided for in Clause 6.1. of these Terms, if any of the following circumstances are established:

6.5.1. the goods are perishable or expire soon (within the next 3 (three) days);

6.5.2. the consumer has opened the packaging of the goods, which cannot be returned for health and hygiene reasons;

6.5.3. in other cases set forth in Cabinet Regulation No. 255 of 20 May 2014, “Provisions on distance contracts”.

6.6. The Buyer (consumer) is entitled to submit a claim to the Seller for goods and/or services 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 aforementioned law in accordance with the law.

6.7. The Buyer shall send the product or goods which do not comply with the provisions of the Agreement or regarding which the Buyer has exercised the right of withdrawal via post/courier, or shall hand them over to the Seller free of charge, beforehand agreeing with the Seller, via e-mail muzejs@laima.lv, on the time of return of the goods. Costs related to the return of the goods shall be covered by the Buyer. If the Buyer wishes to return the goods during the time of their delivery, the goods must be returned to the Seller’s representative (courier) who delivered them.

6.8. The money paid for goods, regarding which the Buyer has exercised the right of withdrawal, shall be refunded to the Buyer’s account no later than within 14 (fourteen) days from the date of reception of the Buyer’s notice of exercise of the right of withdrawal.

6.9. If the Buyer finds that the goods do not comply with the provisions of the Agreement after the courier has already left and/or after the goods have been removed from the parcel machine, the Buyer informs about it within 72 hours from the moment when the goods have been received via the parcel machine and/or from the courier, by writing an e-mail to muzejs@laima.lv. After reviewing the application, and in case of a positive decision for the Buyer, the money for the returned goods will be transferred to the Buyer's bank account from which the order was placed within 5 (five) working days after the date when the goods were returned. In case of a negative decision, the response will be sent to the Buyer in the form of an e-mail.

  1. Exchange of information

7.1. The Seller sends all notices, and otherwise contacts the Buyer via the e-mail address or telephone number indicated in his/her registration form.

7.2. The Buyer sends all notices and questions, and otherwise contacts by e-mail (muzejs@laima.lv).

  1. 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 losses, the guilty party shall indemnify the other party for the losses in accordance with the procedures specified in the laws and regulations of the Republic of Latvia.

8.3. Any dispute that arises between the Buyer and the Seller shall be settled through negotiations, with the parties trying to reach an agreement.

8.4. If it is not possible to resolve the dispute between the Buyer (consumer) and the Seller through negotiations, the Buyer (consumer) shall submit a written application to the Seller (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) working days from the day of reception of the application, the Seller shall provide the Buyer (consumer) with a written response to the application and inform about the possible method of claim settlement or dispute resolution, if no agreement has been reached regarding the fulfillment of the consumer’s claim or alternative claim settlement method. If, due to objective reasons, it is not possible to provide a response to the consumer’s application within the abovementioned term, the Seller shall immediately inform the consumer in writing, specifying a reasonable term within which the response shall be provided, and justifying the need for such an extension.

8.7 If the Seller considers that the Buyer’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 Clause 8.6. of these Terms. The Seller is obliged to justify the refusal of the consumer’s claim.

8.8 If the Buyer (consumer) is satisfied with the solution offered by the Seller, the dispute shall be deemed resolved.

8.9 If the Seller refuses to fulfill the Buyer’s (consumer’s) claim or the consumer is not satisfied with the solution offered by the Seller, 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, which resolves disputes in the field in which the Seller operates; 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;

4) court.