Terms & Conditions

DISTANCE CONTRACT AND E-STORE TERMS OF USE

1.    Definitions

Company – SIA "GUMI", reg. No. 40203148445, VAT payer number LV40203148445, legal address: Tīraines Street 9A, Riga, LV-1058, Republic of Latvia, actual address: Tīraines Street 15A, Riga, LV-1058, email: info@gumi.lv, tel. (+371) 28086999.

Online Store – a website maintained by the Company at gumi.lv, where Goods can be purchased.

Terms – this distance contract and Online Store (e-store) terms of use.

Buyer – a legal entity or an adult natural person who wishes to purchase or has purchased Good(s).

Goods – any goods offered in the Online Store (e-store) that the Buyer can order and purchase.

2.    General Provisions

2.1.    These Terms regulate the legal relationship between the Buyer and the Company concerning the Goods and their delivery. The Terms are also considered a distance contract between the Buyer and the Company as the seller.

2.2.    Making a purchase or placing an order confirms the Buyer's agreement to these Terms.

2.3.    The Buyer is obliged to provide and enter true and complete data, contact information, and payment methods. The Buyer must immediately inform the Company if any errors are noticed in the provided data or if they have changed. The Buyer assumes responsibility for any consequences arising from inaccuracies or errors in the data provided to the Company.

2.4.    The Buyer is responsible for making accurate and correct orders, specifying the necessary Goods, their quantity, and specifications (if selection options are provided).

3.    Offer and Order of Goods

3.1.    Information about the Goods and their prices is indicated in the Online Store next to the respective Good. The prices of Goods and delivery are valid at the time of ordering the Good. The Company has the right to change the range and offers of Goods placed in the Online Store at any time, as well as the indicated prices at its discretion; changes do not apply to orders already placed and paid for.

3.2.    Information about the Good and its images are prepared for informational purposes, aiming to improve the shopping experience in the Online Store. The appearance of the Goods may differ from what is shown in the images (especially considering color reproduction, illustrative nature of images), and the Good may be in different packaging.

3.3.    The information about the Good and its usage conditions are indicated in the documentation of the Good (or on the packaging) and take precedence over the information indicated in the Online Store for informational purposes. Before using the Good, it is necessary to familiarize yourself with the relevant information and usage conditions attached to the Good.

3.4.    Prices are indicated in euros (EUR). The Online Store indicates the price of the Goods including value-added tax, or in certain cases—when purchases are intended for economic operators—the tax amount is indicated separately. All payments for goods are made in euros (EUR).

3.5.    The Company strives to ensure that the prices of the Goods are always indicated accurately but cannot guarantee that the prices indicated at the time of ordering will be correct and valid prices of the Goods at that time.

3.6.    Delivery costs are indicated separately from the price of the Goods. Delivery services are provided by third parties (delivery company, carrier), in cases where the Buyer does not collect the Goods themselves at the Company's retail (Goods issuance) location.

3.7.    The Buyer first places an order for the Goods in the Online Store, which is placed in the shopping cart. The Buyer has the opportunity to continue selecting other Goods before placing the order.

3.8.    At the time of placing the order, the Buyer must choose/indicate the method and address of receiving the Goods.

3.9.    After placing the order in the Online Store, the Company's representatives may contact the Buyer to clarify the order for its final processing and confirmation.

3.10.    Before the final confirmation of the order, information about the total order amount (price of goods, taxes, delivery costs, and other applicable expenses) is displayed to the Buyer in the Online Store or sent via email (if order coordination has occurred).

3.11.    After placing the order for Goods and making the payment (making a prepayment), the Buyer will receive an order confirmation to the indicated email. The confirmation may be sent to the email before payment if payment in cash upon receipt of goods is chosen, or the Company has offered post-payment in the respective case.

3.12.    The invoice sent by the Company to the Buyer's email or available (downloadable) in the Online Store is prepared electronically and is valid without a signature. The Company is entitled to prepare the Goods delivery documentation electronically.

3.13.    The Buyer must make payment for the Goods and their delivery in one of the payment methods indicated in the Online Store by paying the Company's invoice.

3.14.    If the Online Store offers the option to make payment upon receipt of the Goods at the Company's retail location, a separate invoice is not issued, but the Buyer receives a cash receipt when making the payment at the retail location.

3.15.    After the Company has received full payment for the Goods and their delivery, the Company or the delivery company (carrier) will deliver the ordered Good to the receipt location indicated by the Buyer. The Buyer is bound by the terms of the chosen Goods delivery provider (e.g., working hours and time during which the Goods must be collected, etc.). The delivery fee and delivery time depend on the chosen delivery method. Delivery is not made if the option to receive the goods at the Company's retail location is chosen (sale without delivery).

3.16.    The order of Goods is considered placed and becomes binding on the Buyer and the Company at the moment when the Company has received payment for the Goods and their delivery, as well as confirmed the order (purchase). If an order for goods without delivery has been made, then the purchase is considered made at the moment of receiving the Goods and simultaneous payment.

3.17.    A notification about the delivery of the Goods is sent to the Buyer via email or phone, and other information related to the execution and delivery of the order may also be sent.

3.18.    The Company dispatches the Goods to the Buyer within the time specified in the Online Store or in the order documentation, except in cases where the dispatch of Goods is delayed and occurs later due to the availability of Goods or the actions of the delivery company (carrier). Usual delivery times are indicated; however, in each specific order, a different delivery term may be set, and delivery delays are not excluded (especially in cases of high workload of the delivery company).

3.19.    If the Buyer has indicated their payment card valid for online purchases in the Online Store (or in the electronic payment service provider's tool indicated in the Online Store), the Buyer agrees that the Company has the right to charge this payment card for the Goods and delivery. It is considered that by indicating the payment card details, the Buyer has confirmed that they have legal rights to use the respective payment method and make payment with it.

4.    Delivery of Goods

4.1.    A fee may be charged for the delivery of Goods, depending on the chosen delivery method and receipt location. The delivery fee, if applicable, is indicated in the final information of the Goods order before the Buyer makes the final order confirmation (after choosing the delivery method and location).

4.2.    Goods are delivered within the territory of the Republic of Latvia, as well as in territories indicated in the Online Store as possible delivery addresses (primarily—countries of the European Union and European Economic Area). For the possibility of delivery to other territories, the Buyer may inquire with the Company; however, the Company may not provide such delivery.

4.3.    Delivery of Goods is made only after full payment for the Goods and their delivery. The issuance of Goods may be withheld if the Company has not received the full purchase price.

4.4.    The Buyer is obliged to indicate precise and complete information about the delivery location at the time of placing the order (including building part, door code, floor, exact building entrance if there are multiple, etc.).

4.5.    The Company and the delivery company (carrier, courier) are not responsible for non-performance or delay of delivery if it is caused by incomplete or inaccurate information provided by the Buyer.

4.6.    The Buyer cannot change the delivery address of the Goods after the order has been confirmed.

4.7.    The Buyer is obliged to check whether the packaging of the Goods is not damaged (including due to transportation) before accepting the Goods. If packaging damage or other discrepancies are found, the Buyer must indicate this in the delivery document (or in the case of contactless receipt—inform the delivery service provider) and immediately notify the Company.

4.8.    If the Buyer or a third person indicated by the Buyer accepts the Goods and receives them in automated parcel terminals, signs on the delivery company's (courier's) device or on a paper delivery confirmation without comments, it is assumed that the Goods have been delivered in undamaged shipment packaging unless otherwise indicated.

4.9.    The Buyer is obliged to immediately check the quantity, quality, accessories, and completeness of the Goods after delivery, notifying the Company in case of non-compliance. If the Buyer does not fulfill this obligation within the specified period and does not submit a claim to the Company, it is assumed that the quantity, quality, accessories, and completeness of the Goods comply with the order (contract) conditions. The Buyer is also obliged to immediately check and notify the Company after receiving the goods if the Good was not delivered with such accessories and instructions as the Buyer can reasonably expect.

4.10.    If the order provides for delivery to a specific address, then upon delivering and handing over the Goods at the address indicated by the Buyer, it is considered that the Goods have been handed over to the Buyer, regardless of whether the Goods are actually accepted by the Buyer or any third person who accepted the Goods at the indicated address.

4.11.    If the Company cannot provide the Buyer with the ordered Good, the Company has the right, with the Buyer's consent, to deliver another Good to the Buyer at an equivalent price; otherwise, the Buyer is refunded the money paid for the undelivered Good. The Company reserves the right to unilaterally withdraw from the Goods purchase contract due to the unavailability of the Goods, refunding the money received from the Buyer. A notice of the Company's withdrawal from the contract is sent to the Buyer's indicated email.

4.12.    The Company has the right not to deliver the Goods (including canceling orders and issued invoices) if the Buyer has not made full payment for the Goods and/or their delivery. Delivery of Goods before payment does not release the Buyer from the obligation to pay.

4.13.    The Company may refuse to deliver the Goods and unilaterally withdraw from the Goods purchase contract if the delivery of the Goods is impossible or hindered due to any external reasons, including due to the delivery address being in war zones or high-risk areas, certain transport, movement, customs or delivery restrictions, state of emergency, natural disasters, epidemics or pandemics, or other force majeure circumstances or regulatory provisions.

4.14.    If the Buyer is not found at the address indicated or the Buyer is not present at the time notified, or the Buyer does not arrive to collect the Goods at the time and/or place notified, then the Company and the delivery company (courier) are not responsible for non-receipt, non-collection, and/or delayed receipt of the Goods, and in such a case, the Buyer is not refunded the money paid for the Goods and their delivery. If the Buyer wishes for a repeat delivery, it is provided for an additional fee according to the price list indicated in the Online Store.

4.15.    The Company is not responsible for delays and/or inaccuracies in the services related to delivery by the Buyer's chosen delivery company (courier).

4.16.    The Company is not responsible and does not assume responsibility for delays in the delivery of Goods if the Company has timely dispatched the Goods (including cases where the delay is related to customs formalities, international transport, etc.).

4.17.    The risk of accidental loss or damage of the Goods passes to the Buyer when the Buyer or a third person who is not the carrier (delivery company, courier) and is indicated by the Buyer has received the Goods. If the Buyer chooses the delivery company (carrier, courier) themselves, the risk indicated in this point passes to the Buyer at the moment when the Good is handed over to the delivery company.

5.    Other Terms Related to the Purchase of Goods

5.1.    Email correspondence between the parties, as well as information provided by phone and communication in the Company's social network accounts about the availability, reservation, or purchase conditions of Goods, is not considered an agreement between the Parties regarding the purchase of the Good, price, etc. Such an agreement is considered reached if the Company has issued an invoice based on it and the Buyer has paid for it or accepted the Goods specified therein.

5.2.    The Company may provide order acceptance on social networks and similar online communication platforms if the Company confirms receipt of the order and it is followed by the purchase of the Good. Such other (excluding the Online Store) online communication additional means ensure the preservation of written communication (including its date and time) on a durable medium if the Company processes the Goods order through such a communication channel.

5.3.    If the Good is received at the Company's retail location, making payment for it at the time of receipt or afterwards, the Buyer cannot use the right of withdrawal, as the purchase of the Good is made in person, and the Buyer has the right to familiarize themselves with the chosen Good and its properties before making the purchase and payment.

5.4.    If it is intended to receive the Good at the Company's retail location and the Buyer does not arrive for the Good within the reserved time period, the Company has the right to cancel the order and return the amount of money paid by the Buyer.

5.5.    The Company may refuse to deliver the Goods and unilaterally withdraw from the Goods purchase contract without refunding the received money if sanctions are imposed on the Buyer (national sanctions of the Republic of Latvia, United Nations, European Union, or other international organizations of which Latvia is a member), or the delivery of Goods to the Buyer would in any way violate such sanctions and restrictions.

5.6.    The Buyer independently undertakes the obligation to make any tax and duty payments, as well as to handle any customs formalities, acquisition or import permits if such are necessary for the delivery of Goods to the address indicated by the Buyer. The Company is not responsible for making any additional payments or handling formalities.

5.7.    The Company does not assume responsibility for the compliance of the Goods with local requirements or regulations if international delivery of Goods is carried out.

5.8.    The Buyer and any Online Store user must not perform actions aimed against system security or interfere with the operation of IT systems and the Online Store. In case of violation detection, the Company reserves the right to unilaterally stop the sale of Goods or cancel placed orders.

5.9.    If the Company is obliged to refund the amount of money paid by the Buyer for the Goods and their delivery according to the Terms, the Company refunds this amount to the Buyer in the same payment method that the Buyer used when purchasing the Goods, except in cases where the Buyer has expressly agreed to another payment method and agrees to the use of another payment method or other payment details.

5.10.    The Buyer confirms that they are a legally capable natural or legal person and that they have the right to purchase Goods in this Online Store.

6.    Quality of Goods and Commercial Warranty

6.1.    The manufacturer of the Goods is indicated on the packaging of the Goods.

6.2.    After receiving the Goods, the Buyer is responsible for maintaining quality and safety.

6.3.    The Buyer is obliged to familiarize themselves with the labeling of the Goods and/or the information indicated on the packaging and/or the user manual before using the Goods.

6.4.    The Buyer is responsible for ensuring that the Goods are not used by persons who, due to age, physical properties, or other reasons, may be harmed by the Good or who have restrictions on acquiring or using the respective Good.

6.5.    The liability stipulated by law for the conformity of Goods with the terms of the contract applies only to Buyers who are consumers (natural persons who express a wish to purchase, purchase, or could purchase or use the Good for purposes not related to their economic or professional activity).

6.6.    The consumer has the right to submit a claim to the Company regarding non-conformity of the Goods with the terms of the contract within 2 (two) years from the day of delivery of the Goods. The consumer submits a claim to the Company within two months from the day they discovered the non-conformity of the Goods with the terms of the contract. The day of delivery of the Goods is considered the day when the consumer was issued the respective Good (received it from the supplier), unless another date is substantiated.

6.7.    Only a direct indication that the respective Good has a warranty (commercial warranty) with specific conditions is considered a commercial warranty. A general description of the Good or general information about the respective type and properties of Goods is not considered commercial warranty conditions.

6.8.    When handing over the Good for repair under the commercial warranty (if provided by the manufacturer) or for repair necessary to ensure the conformity of the Good with the terms of the contract, the Buyer must independently deliver it to the Company (unless applicable laws or provided assurances stipulate the delivery obligation for the Company); the Good must be clean and in full set.

6.9.    If the consumer does not follow any of the manufacturer's instructions, they lose the opportunity to use the right of withdrawal and/or make claims related to non-conformity of the Goods with the terms of the contract.

6.10.    When submitting a claim regarding non-conformity of the Goods with the terms of the contract, the consumer attaches a copy of the transaction-confirming document to the claim.

6.11.    Liability for non-conformity of Goods with the terms of the contract does not apply if the damage to the Goods has occurred due to the consumer's fault and/or the Goods have natural wear and tear, and/or the Goods have been used for unintended purposes, and/or the Goods have been damaged as a result of external circumstances, and/or the Goods have been improperly or incorrectly stored, and/or the Goods have been used in economic (professional) activities.

7.    Right of Withdrawal

7.1.    The right of withdrawal can only be used by Buyers who are consumers (natural persons who express a wish to purchase, purchase, or could purchase or use Goods or services for purposes not related to their economic or professional activity). The consumer can use the right of withdrawal and unilaterally withdraw from the purchase contract within 14 days from the day of receiving the Goods (part of the Goods) by notifying the Company.

7.2.    To use the right of withdrawal, the Goods must be unused, undamaged, and in their original appearance (with undamaged labels, protective films, packaging, etc.). The consumer, when using the right of withdrawal, is responsible for any decrease in the value of the Good if the Good has been used in a way incompatible with the principles of good faith, including used for purposes other than determining the nature or operation of the Goods.

7.3.    The use and examination of the Goods to determine their properties and type must be carried out only to the extent possible in a store; otherwise, the right of withdrawal cannot be used.

7.4.    The right of withdrawal cannot be used in cases provided by regulatory enactments, including but not limited to when the Good is made according to the consumer's instructions; the Good is clearly personalized; the consumer has opened the packaging of Goods that cannot be returned for health and hygiene reasons; the Good spoils quickly or has a short shelf life; the Good, due to its properties, after delivery has been irreversibly mixed with other things; the service has been fully provided, which was started before the end of the withdrawal period.

7.5.    If the consumer wishes to use the right of withdrawal, they must send the Company a completed withdrawal form to the Company's address or email, indicating the consumer's name, surname, contact information, name of the purchased Goods, purchase price of the Goods and delivery expenses, the consumer's bank account number, and a statement of withdrawal from the Goods purchase contract. The consumer is obliged to also attach a document confirming the purchase.

7.6.    The consumer is obliged within 14 days after sending the written withdrawal to deliver the Goods to the Company (if the consumer has received the Goods). The Company has the right not to refund the amount of money paid by the consumer for the Goods until the consumer has delivered the Goods to the Company. If the consumer does not comply with the term for returning the Goods specified in this point, the right of withdrawal is lost.

7.7.    It is desirable to return the Goods with all (undamaged) packaging. If the consumer does not ensure the condition of the Goods specified in this point, the right of withdrawal is lost. The return of Goods must be carried out by mail shipment or delivery to the address indicated by the Company, and the return expenses are covered by the Buyer (consumer).

7.8.    In case of withdrawal, the Company refunds the paid money for the Goods subject to withdrawal no later than 14 days from the receipt of the notice of withdrawal, the Goods, and other necessary information. The Company does not refund the expenses (their part) for the delivery of Goods that are greater than the standard cheapest method of receipt, as well as in cases where the Buyer has ensured the receipt/delivery of the Goods themselves.

8.    Dispute Resolution

8.1.    Dispute resolution – Please submit complaints about services and the purchase of Goods electronically by sending them to the Company's email address indicated in the Terms or the Company's postal address. The complaint will be reviewed within 15 working days from the day of receipt, sending a response to the contact address indicated in the complaint.

8.2.    If the complaint is recognized as unfounded and the Buyer, who is a consumer, does not agree with the recognition of the complaint as unfounded, the consumer has the right to use the alternative dispute resolution options provided by regulatory enactments by submitting a written application for out-of-court dispute resolution, indicating:

- Name, surname, contact information;

- Date of submission of the application;

- Essence of the dispute, claims, and their justification.

8.3.    Information about out-of-court dispute resolution options and out-of-court dispute resolvers:

Dispute resolution process: http://www.ptac.gov.lv/lv/content/stridu-risinasanas-process and https://www.ptac.gov.lv/lv/ko-darit-ja-neatbilstosa-prece-ir-iegadata-no-15032022 

Out-of-court dispute resolver database: http://www.ptac.gov.lv/lv/content/arpustiesas-pateretaju-stridu-risinataju-datubaze 

According to Regulation No. 524/2013, a platform for online dispute resolution has been established, and you have the right to use it to resolve a dispute with the Company – https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage 

9.    Privacy and Data Protection

9.1.    All personal data of the Buyer entered in the Online Store and/or provided to the Company are processed in accordance with the laws of the Republic of Latvia and the General Data Protection Regulation, ensuring appropriate protection. The Company does not use or share the obtained information provided by the Buyer online without legal basis.

9.2.    The Buyer is obliged to familiarize themselves with the information provided in the Online Store about the Company's processing of personal data (privacy policy) before purchasing Goods. By using the Online Store, the Buyer confirms that they have familiarized themselves with the information provided by the Company about personal data processing.

9.3.    The controller of the Buyers' personal data processing is the Company.

9.4.    The main purposes of the Buyer's personal data processing are the conclusion and execution of the Terms (contract) (including identification of the Buyer, processing and receipt of Goods orders, sale and delivery, provision of functionality for registered users on the website), compliance with legal requirements (including preparing accounting documents, including invoices, refunding due amounts, managing financial and other obligations), as well as exercising and defending their legal rights. Upon receiving the separate consent of the data subject, the purpose of data processing may also be the sending of commercial communications.

9.5.    In certain cases, the Company may inform Buyers about various updates related to the Online Store and the Company, offers of Goods via email (for Buyers and potential customers who are legal entities or upon receiving the consent of natural persons (data subjects)).

9.6.    In cases where during the use of the Online Store the Buyer provides the Company with data of other natural persons (for example, about the person who will receive the Good or about representatives of a legal entity), the Buyer is responsible for ensuring that this data is provided to the Company legally and that the Company may use it for the intended purposes.

9.7.    The Company may process personal data of Online Store users in aggregated form for statistical purposes to analyze and improve the provided services and products.

10.    Final Provisions

10.1.    If the Buyer fails to comply or improperly complies with the Terms, violates regulatory requirements, has caused losses or damages to the Company or third parties, the Company has the right to refuse the Buyer delivery of Goods, deny access to the Online Store, as well as unilaterally cancel orders (terminating Goods purchase contracts).

10.2.    All intellectual property rights concerning the Online Store and the content placed therein, as well as the Company's trademarks and trade names, belong solely to the Company or the indicated cooperation partners or manufacturers (distributors). The use of trademarks or other intellectual property belonging to the Company in any way without explicit written permission is not allowed regardless of the purposes.

10.3.    The Company is not responsible for the content of other websites to which or from which links lead to the Online Store. Links placed in the Online Store are given for convenience purposes only.

10.4.    The Online Store user agrees that, in accordance with all applicable laws, the parties are in no way liable (by contract, negligence, or otherwise) in connection with any interruption or technical error that has occurred to the Buyer while using this Online Store.

10.5.    The Company does not guarantee uninterrupted and error-free operation of the Online Store, and there may be interruptions in providing this service, for example, due to equipment repair or maintenance work. The Company is not responsible for damages arising from the use of the Online Store unless otherwise stipulated in mandatory applicable laws.

10.6.    If, for any reason, any provision of the Terms is not applicable, has become illegal or unenforceable, this does not affect the validity and applicability of the remaining Terms. If the mandatory applicable laws provide the Buyer, who is a consumer, with more favorable terms than provided in the Terms, the Parties will be guided by the respective regulatory enactments on the relevant issues.

10.7.    The Company has the right to amend or supplement these Terms at any time. The amended Terms take effect immediately and apply to all Goods purchases made after the new version of the Terms is placed in the Online Store.

10.8.    The Company is entitled to transfer the rights and obligations arising from the Terms to a third party.

10.9.    The Terms and the distance Goods purchase contract are concluded in accordance with the laws of the Republic of Latvia and are considered that the place of conclusion and execution of the distance Goods purchase contract is the Republic of Latvia. Even if delivery of Goods is provided, which is carried out with the help of delivery companies, it does not change the subordination of these Terms to the laws of the Republic of Latvia.

10.10.    All disputes arising between the Buyer and the Company are resolved in accordance with the Terms and the regulatory enactments of the Republic of Latvia. If the examination of the dispute is under the jurisdiction of the court, the dispute is settled in the court of the Republic of Latvia.

10.11.    These Terms do not limit the Buyer's right to apply to competent state institutions for the protection of their rights.

10.12.    The Company is not responsible for delays in fulfilling obligations or non-fulfillment thereof, or other types of non-performance arising due to circumstances and obstacles beyond the Company's reasonable control, including but not limited to strikes, government orders, military conflicts, warfare or national emergencies, threats or acts of terrorism, environmental or climatic anomalies, disease containment measures, epidemics or pandemics, delays in international deliveries of goods and their components, failure to fulfill obligations by third parties, disruptions in internet connections, as well as failure of computer equipment and software. In such cases of force majeure, the Company will strive to eliminate the resulting delays as soon as possible.

10.13.    By making a purchase or order of Goods in the Online Store, the Buyer confirms that they have read these Terms, they are known to the Buyer, the Buyer understands them and fully agrees with them. The Buyer undertakes to familiarize themselves with the Terms (their current version) each time they purchase a Good. The Buyer is not entitled to order a Good in the Online Store if they have not read the Terms or do not agree with them.