General rules
These Terms and Conditions of Purchase, together with the documents referred to in these Terms and Conditions, are intended to provide information about SIA "BA Baltic" ("Seller") and the terms and conditions of sale and purchase ("Terms") of the goods sold in the www.turismapasaule.lv online shop to persons who purchase goods ("Goods") from the online shop at www.turismapasaule.lv.
These Terms shall apply to any contract between the Seller and the Buyer for the sale of Goods ("Contract"). Please read these Terms carefully and make sure that you understand them before ordering any Goods from the Online Shop. Please note that the Buyer is obliged to agree to these Terms and the Privacy Policy before completing an order, but refusal to do so will result in the order not being completed and the Goods not being ordered.
Please also be advised that these Terms may be amended as set out in Part 6 of the Terms. We recommend that you review the Terms each time you order Goods to ensure that you fully understand the terms on which your order will be placed.
These Conditions and any Contract between the Seller and the Buyer shall be drawn up and concluded in the English language only.
Information about the Seller
These Terms apply to purchases of Goods from www.turismapasaule.lv ("Online Shop"). The Seller is SIA "BA Baltic" - a Latvian company duly registered and operating in the Republic of Latvia, legal entity code 40203625057, registered office Ropažu nov., Silakrogs, "Priedes 4" - 45, LV-2133. The Seller's VAT payer code is LV40203625057.
Products
The images of the Goods in the Online Shop are for illustrative purposes only. Although the Seller makes every effort to display the colours of the Goods as accurately as possible, the Seller cannot guarantee that the screen of the Buyer's device will display the colours of the Goods accurately. The Buyer understands that the Goods may differ materially from their images. The packaging of the Goods may differ from that shown in the images provided on the Online Shop.
Unless otherwise stated, all Goods offered in the Online Shop are available. In the event that the Goods ordered cannot be sold due to the circumstances set out in Clauses 5.10 and 9.5, the Buyer shall be notified immediately by email or other means of communication (telephone or SMS) and the order for such Goods shall be cancelled.
The Seller shall be entitled to set a minimum and/or maximum order quantity for a particular Good in a single order.
Processing of personal data
The Seller processes the Buyer's personal data in accordance with the Privacy Policy. As the Privacy Policy sets out important provisions of the Terms, we recommend that the Buyer reads them carefully and ensures that all the terms of the Privacy Policy are clear and acceptable to the Buyer.
Concluding a sale and purchase agreement
The Seller's ordering procedure shall provide the Buyer with the opportunity to check and correct errors before the final order is placed. It is recommended that the Buyer carefully reads and checks the submitted order at each stage of order submission.
The Contract between the Buyer and the Seller shall be deemed to be concluded when the Buyer has created a basket of Goods in the online shop, provided the Buyer's name (in Latin characters) and delivery address, the correct postcode, chosen the payment method and read these Terms and Conditions, clicked the "Order" button and paid for the order or chosen the bank transfer payment method. Failure to pay for the Order shall be deemed to be a breach of contract. The Seller has the right to contact the Buyer using the telephone number or e-mail address indicated in the Order, on the basis of the concluded contract or to resolve any doubts arising in connection with the performance of the contract.
When the Buyer submits an order and pays for it or chooses a bank transfer payment method, an e-mail is sent to the Buyer confirming receipt of the order. When the order is placed, the Seller sends the Buyer an e-mail and/or SMS informing the Buyer that the Goods have been dispatched to the Buyer. Each contract (order) concluded between the Buyer and the Seller is registered and stored in the online shop's database.
By entering into a Contract, the Buyer agrees that an electronic VAT invoice with purchase details will be sent to the e-mail address provided. The invoice shall be sent by e-mail on working days within a maximum of 10 (six) working days from the date of receipt of the Goods by the Buyer. The VAT invoice shall be issued with the date of receipt/transfer of the Goods.
In the event that the Seller is unable to sell the Goods, for example because the Goods are no longer in the manufacturer's stock, because the Goods are no longer being sold, or because of an error in the price quoted on the online shop, the Seller shall notify the Buyer by email or other means (telephone or SMS) and the order shall be cancelled. In the event that the Buyer has already paid for the Goods, the Seller will refund the amounts paid within 7 (seven) calendar days.
Right to amend the rules
The Seller reserves the right to amend these Terms. For the purposes of the Contract between the Seller and the Buyer, each time the Goods are ordered, the version of the Conditions in force on the date of the Contract shall apply.
Return of goods and unilateral withdrawal from the Contract by the consumer exercising the right of withdrawal
The Buyer, being a consumer (natural person), has the right to exercise the right of withdrawal without giving any reason and to return the Goods received within 14 days. This provision means that if the Buyer decides to withdraw from the Goods within the said period of time, either on reflection or for other reasons, the Buyer has the right to notify the Seller of its request to return the Goods to the Seller and receive the money paid. The Buyer shall bear the cost of returning the Goods.
The Buyer (consumer) may not exercise the right of withdrawal in the cases set out in Paragraph 22 of the Cabinet of Ministers Regulation No. 255 "Regulations on Distance Contract", including, but not limited to, if:
- The Goods are made to the Buyer's specifications or the Goods are clearly personalised (adapted to the Buyer's personal needs);
- The Goods are perishable or about to expire;
- The Buyer has opened the packaging of the Goods which cannot be returned for health and hygiene reasons;
- The Goods are irretrievably mixed with other items due to their characteristics after delivery.
The Buyer's right to unilaterally withdraw from the Contract within 14 days, return the Goods to the Seller and receive a refund by exercising the right of withdrawal shall apply only to consumers (natural persons) and shall arise from the date of conclusion of the Contract. In certain cases specified by the Seller, quality Goods may also be returned within a longer period. The 14-day period is calculated as follows:
- for the Contract, from the date of receipt of the Goods by the Buyer or a third party other than the carrier (courier) designated by the Buyer;
- if the Buyer has ordered several Goods in one order, which are delivered separately, from the date on which the Buyer or a third party other than the carrier designated by the Buyer has received the last Good;
- in the case of delivery of Goods consisting of several lots or instalments, from the date on which the Buyer or a third party, other than the carrier, designated by the Buyer, has received the last lot or instalment of Goods;
- for contracts for the regular delivery of Goods, from the date on which the Buyer or a third party other than the carrier and designated by the Buyer has received the first Goods.
A Buyer who wishes to return the Goods and withdraw from the Contract must send the Seller a completed request in free form setting out the decision to withdraw from the Contract. Upon receipt of the Buyer's notice, the Seller shall promptly send an acknowledgement of receipt of the notice.
The Goods shall be exchanged and/or returned to the Customer Service Centres, subject to the exceptions set out in the section "Right of withdrawal and guarantee". The Buyer shall return or hand over the Goods to the Seller or to a person authorised by the Seller to accept the Goods immediately and in any event not later than 14 (fourteen) days from the date of notification to the Seller of its decision to return (or withdraw from) the Goods. The time limit shall be deemed to have been complied with if the Buyer returns the Goods before the expiry of the 14 (fourteen) day period. The Buyer may only exercise its right to return the Goods if the time limit for returning the Goods has not been missed and if it will be possible to return the Goods in their original condition and sell them at full or reduced price.
The Buyer who returns the Goods shall be refunded all monies paid for the Goods, excluding delivery charges. On receipt of the Goods and having assessed their quality, the Seller shall refund the price of the Goods within 14 (fourteen) days at the latest. The Buyer shall be liable for any diminution in the value of the Goods caused by acts not necessary to establish the nature, characteristics and performance of the Goods, i.e. the Seller shall be entitled to unilaterally reduce the amount to be returned to the Buyer in proportion to such diminution in the value of the Goods. The Goods to be returned must be undamaged, must not have lost their appearance (undamaged labels, protective films, etc.) and must not have been used. All returned Goods must have the original labels, protective bags and accessories with which they were sold. Returned Goods must be in their original packaging (with instructions and warranty card if supplied with the Goods) in the same condition as when purchased by the Buyer. Any gifts received in exchange for the Goods must be returned with them.
If the Buyer returns the Goods due to their non-conforming quality, the Seller undertakes to fully refund the price paid by the Buyer for the non-conforming Goods and to reimburse the costs of delivery and return. If only part of the Goods is returned, the delivery costs shall be refunded only if the remaining Goods of the same order would have been subject to a lower tariff when purchased separately than the tariff applicable when the Goods were purchased together with the Goods to be returned, and only to the extent of the difference in the tariffs specified. If a different method of returning the Goods was chosen from that offered by the Seller, resulting in disproportionate and higher costs, the Seller shall not be obliged to bear such costs of returning the Goods.
The Seller shall transfer the amounts to be refunded to the bank account specified by the Buyer in any bank operating in the Republic of Latvia in the ordinary course of business.
The Seller shall be entitled not to refund any amounts paid by the Buyer until the Goods have been returned to the Seller and inspected.
The Buyer shall have the right to withdraw from the Contract before the title to the Goods passes to the Buyer, i.e. before the Buyer receives the Goods. In the event that the Goods were delivered to the Buyer after the withdrawal from the Contract:
- The Buyer is obliged to return the Goods to the Seller immediately;
- except in the case of non-conforming Goods, the Buyer will be responsible for the cost of returning the Goods to the Seller;
- The Buyer shall take reasonable care to preserve the Goods until their return to the Seller.
The Buyer shall in all cases have the rights arising from the sale of non-conforming Goods as provided by the laws of the Republic of Latvia. The return provisions set out in these Conditions shall not affect the existence of these rights.
Delivery
If the Buyer chooses home delivery, the Goods shall be delivered by a transport company at the Buyer's expense. In certain cases specified by the Seller, the Goods shall be delivered at the Seller's expense.
The Buyer undertakes to specify the exact location of delivery of the Goods when choosing home delivery at the time of order. The exact delivery price depends on the weight and price of the Goods ordered. Unloading and loading services must be ordered separately before payment for the Goods. The Buyer shall pay for the unloading and loading service. In the event of the Seller's separate instructions, the Seller shall pay for the unloading and carrying of the Goods.
The Buyer's order shall be fulfilled prior to the scheduled delivery date specified in the dispatch notice, except in the event of events beyond the Seller's control.
The Goods shall normally be delivered to the address specified by the Buyer within the time specified. The Buyer shall always be notified of the estimated date of delivery of the Goods by email. If more than one Goods are ordered, they may be delivered at different times as they are transported from different warehouses.
Title to the Goods shall pass to the Buyer when the courier delivers the Goods to the Buyer. The risk of accidental loss or damage to the Goods shall pass to the Buyer when the Buyer or a third party other than the carrier (courier) nominated by the Buyer has received the Goods.
At the time of delivery, the Buyer or the third party designated by the Buyer shall inspect the condition of the packaging together with a representative of the transport company. If the packaging of the consignment is found to be damaged, the Buyer or the third party designated by the Buyer shall have the right not to accept the consignment. In such a case, a representative of the courier service provider shall, together with the Buyer or the third party designated by the Buyer, complete a special consignment inspection report to be submitted by a representative of the courier service provider, indicating the damage found.
Upon acceptance of the consignment by the Buyer or a third party designated by the Buyer and signature on the data storage device provided by the representative of the courier service provider or on the unannotated paper delivery note, the Goods shall be deemed to have been delivered in undamaged packaging and the additional services indicated on the data storage device or on the unannotated paper delivery note shall have been duly performed unless otherwise stated.
Upon delivery and handover of the Goods at the address specified by the Buyer, the Goods shall be deemed to have been handed over to the Buyer irrespective of whether the Goods are actually accepted by the Buyer or by any third party who accepts the Goods at the address specified. If the Goods are not delivered on the scheduled delivery date, the Buyer shall notify the Seller immediately but in any event not later than the day after the scheduled delivery date. If the Goods will not be accepted by the Buyer, the Buyer shall provide the details of the person accepting the Goods when completing the order delivery details. A valid form of identification must be presented upon acceptance of the Goods in order to properly identify the Buyer. If the Buyer is unable to accept the Goods himself but the Goods have been delivered to the address specified by the Buyer, the Buyer shall not be entitled to make any claim against the Seller for delivery of the Goods to an unsuitable person.
The Buyer shall inspect the packaging, quantity, quality, range, accessories and assembly of the Goods within 14 (fourteen) days of delivery. If the Buyer fails to comply with this obligation within the time specified and fails to make a claim to the Seller, the packaging of the Goods shall be deemed to be in proper condition and the quantity, quality, assortment, accessories and assembly shall be deemed to comply with the terms of the Contract.
Price of goods and delivery costs
Prices will be as shown in the online shop. The Seller shall use all reasonable endeavours to ensure that the prices of the Goods are correct at the time the Buyer places an order. The prices of the Goods are subject to change but such changes will have no effect on any Contract already entered into.
The prices of the Goods are inclusive of VAT (where applicable) at the rate applicable in the Republic of Latvia at the relevant time.
The prices of the Goods do not include the costs of order preparation, delivery and carrying of the Goods. The delivery charges quoted in the online shop are subject to change.
In view of the fact that the Seller's online shop offers a very wide range of Goods, despite the Seller's reasonable efforts, it cannot be excluded that the price of the Goods may be incorrect due to a technical error beyond the Seller's control. In the event that the Seller determines that the price of the Goods is incorrect, the Seller shall notify the Buyer by email or other means of communication (telephone or SMS) and cancel the order. The Buyer must re-order the same Goods at the new correct price if it wishes to do so.
Payment
The Buyer may pay for the Goods by direct bank payment, payment card or bank transfer.
Legal entities are advised to provide their company registration number in the order information for faster identification of payment. In this way, the order will be confirmed in the system more quickly and the order will be processed more quickly.
Detailed information related to payment is provided in the "Payment" section.
Buyer's obligations
The Buyer undertakes to provide only correct and complete information on the Purchase Form. In the event of any change in the information provided in the registration form, the Buyer is obliged to update it immediately. The Buyer undertakes to use the Online Shop in a fair and proper manner and not to interfere with its operation or soundness. If the Buyer fails to comply with this obligation, the Seller shall have the right to restrict, suspend (terminate) the Buyer's use of the Online Shop without prior notice and the Seller shall not be liable for any loss incurred by the Buyer in connection therewith.
The Buyer is obliged to pay for the ordered Goods and to accept them in accordance with these Terms and Conditions.
Notwithstanding the obligations set out in other clauses of these Conditions, the Buyer undertakes to inspect the Goods before using them (including before putting them together, assembling them, etc.) and to ensure that the Goods received are the Goods ordered by the Buyer.
The Buyer shall comply with all other requirements set out in these Conditions and the laws of the Republic of Latvia.
Manufacturer's warranty
Some Goods sold by the Seller are covered by a manufacturer's warranty. Details of the warranty and applicable conditions are set out in the manufacturer's warranty supplied with the Goods. The manufacturer's warranty is in addition to the Buyer's rights relating to defective Goods.
Seller's obligations
The Seller undertakes to make every effort to ensure that the Buyer can properly use the services provided by the Online Shop, as well as to respect the Buyer's privacy and to process the Buyer's personal data only in accordance with the Terms and Conditions, the Privacy Policy and the legislation of the Republic of Latvia.
The Seller undertakes to comply with all requirements set out in these Terms.
Product quality
The Seller guarantees the quality of the Goods (legal quality guarantee). The Seller grants a quality guarantee for different types of Goods valid for a certain period of time, the specific term and other conditions of which are specified in the documents submitted with the Goods.
Defects in the Goods shall be remedied and non-conforming Goods shall be replaced or returned in accordance with the procedures set out in these Conditions and taking into account the requirements of the applicable laws of the Republic of Latvia.
A Buyer who wishes to complain about faulty or incomplete Goods may do so by email at [email protected].
When submitting a complaint, the Buyer shall specify the purchase order number of the Goods, the defect of the Goods, signs of damage or missing part, provide other evidence, such as a photograph of the Goods, a photograph of the defective area (if it is a mechanical defect and it is possible to photograph it), a photograph of the packaging of the Goods, etc.
When submitting a complaint, the Buyer must specify one of the ways in which the Buyer wishes the complaint to be resolved:
- by the Seller remedying the non-conformity of the Goods - defects - within a reasonable time without compensation, if the defects can be remedied;
- reduce the purchase price accordingly;
- replace the Goods with analogous Goods of the same quality, unless the defects are minor or caused by the Buyer;
- cancel the Contract and refund to the Buyer the amount paid for the Goods if the sale of Goods of inadequate quality constitutes a material breach of the order.
After the claim has been examined, a reply will be provided within 14 (fourteen) days.
Responsibility
The Buyer is responsible for the actions taken through the Online Shop, including but not limited to the accuracy of the data provided in the purchase form. The Buyer shall be liable for the consequences of any errors or inaccuracies in the data provided in the registration form.
By completing the purchase form in the online shop, the Buyer is responsible for the storage and/or transfer of his/her login data to third parties. If the services provided in the Online Shop are used by third parties who have logged in to the Online Shop using the Buyer's login data, the Seller shall treat such person as the Buyer and the Buyer shall be liable for all actions of such third party performed in the Online Shop.
The Seller shall, to the extent not inconsistent with applicable law, be exempt from any liability in those cases where the loss is caused by the Buyer's failure to read these Terms, this Privacy Policy and other documents referred to in these Terms, despite having been given the opportunity to do so, without regard to the Seller's recommendations and its obligations.
The Buyer is obliged to ensure that his/her login data is stored securely and not disclosed, and to ensure that the data is known and used only by the Buyer, and not to disclose or otherwise make it possible for other persons to consult or use the data. If it is suspected that the login data may have been accessed by another person, the Seller must be notified immediately and the Seller must be informed immediately of any breach or disclosure of the login data. All actions taken using the Buyer's identification code shall be deemed to have been taken by the Buyer and the Buyer assumes full responsibility for the consequences of such actions.
The parties shall be liable for breach of the Contract concluded through the Online Shop in accordance with the procedure established by the legislation of the Republic of Latvia.
In the event that the Seller breaches the provisions of these Terms and Conditions, the Seller shall be liable for any damage or loss incurred by the Buyer as a foreseeable consequence of the breach of these Terms and Conditions. Damage or loss shall be deemed foreseeable if it is an obvious consequence of the Seller's breach or if such damage or loss was known to the Seller and the Buyer at the time of entering into the Contract.
The Seller is not liable for information provided on other companies' websites, even if the Buyers access these websites via a link on the Seller's online shop.
Events beyond the Seller's control
The Seller shall not be liable for any failure to perform or delay in performance of the Contract or any obligation under the Contract if such failure or delay is due to events beyond the Seller's control, which shall mean any act or event beyond the Seller's reasonable control.
In the event of an event beyond the Seller's control affecting the proper performance of the Seller's obligations under the Contract, the Seller shall promptly notify the Buyer and performance of the Seller's obligations under the Contract shall be suspended and the time for performance of the obligations shall be extended by a period equal to the duration of the event beyond the Seller's control. If events beyond the Seller's control affect the delivery of the Goods to the Buyer, the Seller will agree a new delivery date after the end of the events beyond the Seller's control.
Sending information
The term "writing" as used in the Rules includes emails. The Buyer shall, in order to communicate with the Seller in writing or where the Conditions require the Buyer to communicate with the Seller in writing, send an e-mail to the Seller at [email protected]. The Seller will notify the Buyer in writing of the receipt of the notification.
The Seller shall send all notices to the Buyer to the email address provided by the Buyer on the Purchase Form.
Other provisions
These Conditions shall apply to any Contract between the Seller and the Buyer together with the documents expressly referred to in the Conditions. Any deviation from these Conditions shall only be valid if made in writing.
The Buyer shall have certain rights under the laws of the Republic of Latvia in respect of Goods of substandard quality. Nothing in these Conditions shall be construed as limiting or restricting the exercise of such rights.
If any provision of these Terms is held by a court to be illegal, invalid or unenforceable, the remaining provisions of these Terms shall remain in full force and effect. Any provision of these Terms found to be illegal, invalid or unenforceable only in part or to a specified extent will remain in effect to the extent that it was not found to be illegal, invalid or unenforceable.
These Conditions and the relationship between the parties under these Conditions (including the formation, validity, application and termination of the Contract) shall be governed by and construed in accordance with the laws of the Republic of Latvia.
Any dispute, controversy or claim arising out of or relating to these Terms or the breach, termination or validity hereof shall be finally settled in accordance with the laws of the Republic of Latvia.
The Buyer may submit requests or complaints regarding the Goods purchased in the Seller's online shop to the e-mail address [email protected].