DISTANCE CONTRACT

1.2. The Seller – Kongs Ltd., registration No. 43603006320, legal and postal address: 17 Raiņa Street, Jelgava, LV-3001, who is the owner of the internet trading site www.dabadaba.lv, hereinafter referred to as the Online Store, and of the rights held therein, and which in the course of its economic activity under this Distance Contract, hereinafter referred to as the Contract, offers and sells the goods to the Buyer;

1.3. The Buyer – a person with legal capacity who is registered in  the online store and places an order at an online store. By registering in the Online Store, the person confirms that he/she has the capacity and the right to make purchases in the Online Store;

1.4. The Contract shall be deemed concluded from the moment when the Buyer has placed the order and paid for the Goods in accordance with these Terms;

1.5. The Seller is entitled to unilaterally amend and supplement the terms of the Contract. When the Buyer makes an online purchase, the terms of the Contract in force at the moment of ordering goods shall apply;

1.6. The Seller has the right to restrict without notice the Buyer’s use of Online Store services or to cancel the registration of the Buyer if the Seller believes that the Buyer using the Online Store may violate or does violate the terms of the Agreement, attempts to harm the Seller, the operation or safety of the Online Store, or any third parties;

1.7. When placing an order, the Buyer confirms that he/she has read, knows and understands this Contract and the terms and conditions contained therein. The Buyer undertakes to familiarize himself/herself with the terms and conditions of the Contract at every purchase. The Buyer is not entitled to order the goods in the Online Store if he/she has not read or agreed with the terms and conditions of the Contract.

2.1 In order to use dabadaba.lv and purchase the goods offered therein, the Buyer must provide the following personal data: name, surname, e-mail address, address where the goods will be delivered, if the Buyer chooses the delivery of goods, telephone number and other important data. The authorized representative of the legal entity chooses to fill in the information as a legal entity, indicating the legal entity’s name, registration number, e-mail address, address where the goods will be delivered, if the Buyer chooses the delivery of goods, telephone number and other important data.

2.2 The Buyer is responsible for the accuracy, correctness and completeness of the data provided. If the Buyer data changes, the Buyer must immediately update it. In no event shall the Seller be liable for any loss incurred by the Buyer or any third party as a result of the Buyer providing incorrect or incomplete data (or not altering or supplementing the data).

2.3 The Buyer shall have the right at any time to change, supplement or cancel his registration, if any;

2.4 After the password is created and the registration has been done, the Buyer undertakes to ensure that the password is not disclosed to third parties. The Buyer is responsible for any actions he/she makes at the Online Store by logging in with his/her password. If the third party uses the services provided by the Online Store using the Buyer Access Data, the Seller shall treat that person as the Buyer. If the Buyer loses access data, he/she must immediately inform the Seller by phone or e-mail, which is indicated on the website;

2.5 Personal data provided by the Buyer will be processed in accordance with the laws and regulations of the Republic of Latvia governing the processing and protection of personal data. When processing and storing Buyer’s personal data, Seller will use organizational and technical means that will ensure the protection of personal data from accidental disclosure, alteration or other unlawful processing.

2.6 If the Buyer uses the services of dabadaba.lv Online Store, it is considered that he agrees to the processing of the Buyer’s personal data and confirms that all information and personal data provided is correct and true. By registering and agreeing to the Terms, the Buyer grants Seller the right, as a personal data controller, to select, store, systematize, use and otherwise process any and all personal data provided directly or indirectly by visiting dabadaba.lv and using its services.

2.7 The Buyer’s personal data will be processed for direct marketing purposes only with the Buyer’s consent. Consent of the buyer is expressed by filling in the registration form or the contact form to be filled in for purchasing goods without registration, and by ticking the appropriate fields.

2.8 The personal data provided by the Buyer will be used only by the Seller and its partners with whom the Seller cooperates in the administration of dabadaba.lv, delivery of goods and other services related to the fulfillment of the Buyer’s order. The Seller will not disclose the Buyer’s personal data to third parties, except for the Seller’s partners mentioned above, as well as in the cases provided by the legislation of the Republic of Latvia.

2.9 For statistical purposes, the Seller may use data not directly related to the Buyer’s identity, i.e. the details of the goods purchased. Such statistical data will be selected and processed in a way that does not reveal the Buyer’s personal identity or other personal data that would allow the person’s identity to be revealed.

2.10 The personal data of the Buyer will be kept for no longer than is required for the purposes for which the data are processed. Personal data provided by the Buyer during the registration at dabadaba.lv will be stored in accordance with the dabadaba.lv Privacy Policy. Data provided when purchasing goods or required to perform the contract will be stored in accordance with the dabadaba.lv Privacy Policy. The data needed to settle the debt will be stored until the debt is recovered, but for no longer than ten years. Data for direct marketing purposes will be stored in accordance with the dabadaba.lv Privacy Policy. When personal data is no longer needed for processing or the storage time expires, it will be securely destroyed in accordance with the dabadaba.lv’s Privacy Policy.

2.11 By submitting a relevant written request to the Seller in accordance with the dabadaba.lv Privacy Policy, the Buyer has the right to review Buyer’s personal data processed by the Seller and the manner in which it is processed, to request correction of incorrect, incomplete, inaccurate personal data (except for storage) if the data is processed in a manner inconsistent with law or the Terms.

3.1 The prices of goods and services in the order created by dabadaba.lv are quoted in euros and the prices are indicated – with value added tax 21%, in cases specified by laws and regulations – with value added tax 5%, and in cases specified by laws and regulations – with value added tax 12%. The Goods shall be sold to the Buyer at prices valid in dabadaba.lv at the time of ordering, unless otherwise agreed by the parties.

3.2 The Buyer shall pay for the goods and delivery immediately after placing the order using one of the payment systems specified in the Online Store;

3.3 The Buyer shall pay for the Goods either by prepayment by wire transfer or in cash upon receipt or delivery of the order. The Buyer pays the money to the Seller’s account. In this case, the responsibility for data security lies with the respective bank, since all money transactions are carried out in its Internet banking system. When paying by wire transfer, the customer uses one of the payment systems offered. When paying in cash, the Buyer shall pay for the order at the time of receipt or delivery of the order.

3.4 The Seller is entitled to cancel the order by notifying the Buyer thereof.

3.5 At the time of ordering the goods, the delivery costs indicated in the Online Store are valid. The order amount, consisting of the price of the goods and the cost of delivery, is available to the Buyer during the order placement process before the order is confirmed.

4.1 The Buyer may choose to receive the goods at dabadaba.lv premises at 17 Raina Street, Jelgava, LV-3001 or by delivery. The goods are delivered by the Seller or its authorized agent (courier) or the goods are sent via a parcel machine or “Latvijas Pasts”.

4.2 The delivery of the goods shall be subject to payment of the delivery fee. Shipping by Omniva parcel machines costs €2.95 per package. Delivery by courier costs €5.00. The Buyer can receive his goods for free in person at the “daba” stores in 17 Raina Street, Jelgava and 9 Peldu Street, Liepaja.

4.3 The Seller will make sure that the Buyer’s order is fully executed, but it cannot be fully guaranteed by the Seller. If the store does not have the goods ordered or the supply is short, the Seller has the right not to deliver the goods or to deliver a smaller quantity of them;

4.4 If the Seller has supplied the Buyer with an insufficient quantity of the Goods and the sum of the delivered Goods is less than the Buyer has paid, the Buyer shall be refunded the difference for the non-delivered Goods. The money paid by the Buyer but not delivered by the Seller shall be refunded to the bank account specified by the Buyer within seven business days from the order being handed over or delivered.

4.5 The goods ordered by the Buyer shall be delivered to the address specified in the Buyer’s order or to the parcel machine specified in the Buyer’s order. If the Buyer cannot be found at the delivery address specified in the Buyer’s order, the Seller shall have the right to transfer the goods to any other adult at the address specified, but the Buyer shall not be entitled to make any claims to the Seller for delivery of the goods to an unsuitable person.

4.6 If the delivery of the Goods is not possible due to the Buyer’s fault or circumstances dependent on the Buyer (the Buyer has provided the wrong address, the Buyer is not present at the specified address, the specified address cannot be accessed, etc.), the Goods will not be delivered again delivery (unless the Buyer pays extra for the re-delivery of the goods), and the money paid for the goods and delivery is non-refundable.

4.7 The Seller shall deliver the Goods to the Buyer on the date and at the time specified in the order. The Buyer agrees that, in exceptional cases, delivery of the Goods may be delayed due to unforeseeable circumstances beyond the Seller’s control. In this case, the Seller will contact the Buyer and arrange the delivery time.

4.8 The Seller shall be released from liability for failure to deliver goods to the Buyer if the Goods are not delivered to the Buyer or are not delivered on time due to the Buyer’s fault or circumstances dependent on the Buyer.

4.9 If the Buyer notices that the shipment does not contain the correct quantity of goods or the goods delivered do not match the order and it is not specified in the delivery document, the Buyer must notify the Seller at the time of to order. Otherwise, the order shall be deemed to have been properly handed over or delivered, and the goods confirm with the order.

5.1 The characteristics of all goods sold at dabadaba.lv Online Store are generally stated in the description of each item.

5.2 The Seller is not responsible for the fact that the goods on dabadaba.lv in their color, shape and other parameters do not correspond to the actual size, shape and color of the goods, because the photos of goods on dabadaba.lv are illustrative.

5.3 Goods with an expiry date are delivered in such a way that the Buyer has a real opportunity to use these goods until the expiration date.

5.4 If the Buyer is not satisfied with the quality of the goods received, the objections must be made in writing and sent to the E-mail address: dbdaba@dbdaba.lv, accompanied by a photo of the goods.

6.1 Pursuant to the laws and regulations, the Buyer may not exercise the right of withdrawal and the ordered food, drink and other household goods for immediate consumption beyond the time limit specified in these Terms.

6.2 The Buyer may, in certain cases, exercise the right of withdrawal and unilaterally resign from the purchase of goods at dabadaba.lv within 14 calendar days of delivery of the goods. The right of withdrawal shall not apply to the goods referred to in paragraph 6.1. The period for exercising the right of withdrawal shall be counted from the date of receipt of the Good.

6.3 Statutory Right of Withdrawal

Clause 6.4 may be used only by a Buyer who, under the provisions of the Consumer Rights Protection Law of the Republic of Latvia, is a consumer, that is, a natural person who expresses a wish to acquire, acquires or could acquire or use or professional activity.

 

 

6.3 The express right of withdrawal provided for in Clause 6.2 may only be exercised by a Buyer who, under the provisions of the Consumer Rights Protection Law of the Republic of Latvia, is a consumer, that is, a natural person who expresses the desire to buy, buys or could buy or use an item for reasons not related to his/her economic or professional activity.

6.4 To exercise the right of withdrawal, the Buyer shall send the cancellation to dbdaba@dbdaba.lv with the order number at which the item was ordered, the name of the item and its price. The Buyer is obliged to return the item within 7 days of sending the written refusal if the item has been received.

6.5 The Seller shall reimburse the price of the Goods which the Buyer has returned using the right of withdrawal within 7 days after acceptance of the Goods. Expenses for delivery of goods to the store shall be borne by the Buyer (except for goods which do not comply with the terms of the contract). Upon return or exchange of high quality goods corresponding to the Buyer’s order, the delivery fee shall not be refunded to the Buyer.

6.6 The buyer is responsible for maintaining the quality of the product in the event of exercise of the right of withdrawal. The Buyer shall be liable for any diminution in the value of the good if the good has been used in a manner inconsistent with the principle of good faith, including for purposes other than ascertaining the nature of the good. The goods must be undamaged, unobtrusive (labels not removed, undamaged protective films, etc.) and unused. The product must be returned in its original packaging, in the same package as it was received, with instructions for use and other accessories of the product. If the item is not fully assembled, damaged, disordered or not properly packaged, the Seller has the right not to accept the item or to refund the money paid by the Buyer for the item.

7.1 The Seller shall send all statements and otherwise contact the Buyer using the email address or telephone number specified in the Buyer’s registration or non-registered contact form.

7.2 The Buyer shall send all notices and inquiries using the means of communication and addresses specified in the “Contacts” section of dabadaba.lv.

8.1 The relationship between the Buyer and the Seller shall be governed by these Terms and Conditions and the laws of the Republic of Latvia.

8.2 In the event of a loss, the Party at fault shall indemnify the other Party for the direct damage, in accordance with the laws of the Republic of Latvia.

8.3 Disputes shall be settled by negotiation. In the event of disagreement, the dispute shall be settled in accordance with the procedure laid down by the legislation of the Republic of Latvia.