POETICA.LV Terms and Conditions
1. General Provisions
1.1. These Terms and Conditions (hereinafter referred to as the "Terms and Conditions") govern the use of the website www.POETICA.lv (hereinafter referred to as "POETICA.lv") and the procedure for purchasing goods.
1.2. SIA "POETICA", Registration No. 40003392226, telephone (+371) 22311240, e-mail: info@poetica.lv, registered address: Brīvības iela 58-6, Riga, LV-1011 (hereinafter referred to as "POETICA"), provides the content available on POETICA.lv and supplies its services in accordance with these Terms and Conditions.
1.3. A User is any natural person with legal capacity or any legal entity who purchases goods on POETICA.lv or uses other services provided by POETICA.lv. Natural persons between the ages of 14 and 18 may use the services of POETICA.lv only with the permission of a parent or legal guardian, except where they use their own personal income.
1.4. If the User purchases goods offered on POETICA.lv, these Terms and Conditions shall be deemed a legally binding document setting out the rights and obligations of the parties with regard to the purchase of goods, payment for the goods, and the terms and conditions governing the delivery and return of goods.
1.5. Before purchasing goods on POETICA.lv, the User is obliged to read these Terms and Conditions and confirm that they have done so before completing the transaction. Therefore, if the User purchases goods on POETICA.lv, it shall be deemed that the User has read and accepted these Terms and Conditions. By accepting these Terms and Conditions, the User also confirms that they are entitled to register and purchase goods in the POETICA.lv online store in accordance with these Terms and Conditions.
1.6. If the User attempts in any way to harm the operation, stability or security of POETICA.lv, or otherwise fails to comply with these Terms and Conditions, POETICA shall have the right to cancel the User's registration or otherwise restrict the User's access to the POETICA.lv online store.
1.7. POETICA reserves the right to amend or supplement these Terms and Conditions unilaterally at any time. The version of the Terms and Conditions in force at the time the order is placed shall apply to purchases made on POETICA.lv. Therefore, the User is obliged to review these Terms and Conditions before each purchase.
1.8. POETICA reserves the right to change the prices of goods or to set special prices for particular goods at any time. Goods shall be sold to the User at the prices valid at the time the order is placed.
2. Personal Data Protection
2.1. Purchases on POETICA.lv may only be made by registered Users. To register on POETICA.lv, the User must provide at least their first name, last name, e-mail address and create a password. By registering on POETICA.lv, the User (a natural person) shall be deemed to have consented to the processing of their personal data in accordance with the applicable laws and regulations and the POETICA Privacy Policy, to the extent that such personal data has been provided by the User. To log back into their personal account on POETICA.lv, the User must enter their registered e-mail address and password in the appropriate fields.
2.2. When placing an order on POETICA.lv, the User is required to provide their first name, last name, delivery address, telephone number and e-mail address, as this information is necessary for POETICA to conclude the purchase agreement with the User, communicate with the User and arrange delivery of the ordered goods.
2.3. The User shall be fully responsible for the accuracy of the information provided during registration and when placing an order on POETICA.lv. If the User provides inaccurate or incorrect information during registration or while placing an order, or fails to update such information following changes to their personal data, POETICA shall not be liable for the consequences arising from such inaccuracies and shall have the right to claim compensation from the User for any direct losses incurred. The User may at any time correct, delete or supplement their personal data in their POETICA.lv account or request POETICA to correct, delete or supplement such data in accordance with the Privacy Policy.
2.4. Upon registration on POETICA.lv, the User receives individual login credentials (username and password). The User is responsible for maintaining the confidentiality and security of these credentials and undertakes not to disclose them to third parties. If a third party uses the User's login credentials, that person shall be deemed to be the User. If the User loses their login credentials or suspects that they have been obtained by a third party, the User must immediately notify POETICA using the contact details provided in the "Contacts" section of POETICA.lv.
2.5. By accepting these Terms and Conditions and the Privacy Policy, the User agrees that notifications relating to the processing of orders, payment confirmations and delivery information may be sent to the e-mail address provided by the User.
2.6. POETICA guarantees that the User's personal data will be used solely for the purposes of purchasing goods and direct marketing.
2.7. POETICA undertakes to ensure the confidentiality and protection of the User's personal data and agrees not to disclose such data to third parties, except to POETICA's partners providing delivery or other services related to the fulfilment of the User's order, as well as to public authorities where required by applicable laws and regulations or where there is a lawful basis for such disclosure.
2.8. Upon delivery of the goods, the recipient may be requested to present a valid identity document in order to verify their identity.
3. Conclusion of the Purchase Agreement
3.1. The minimum purchase amount for a single order placed on POETICA.lv is EUR 20. The User may purchase goods from POETICA.lv an unlimited number of times.
3.2. The purchase agreement between POETICA and the User shall be deemed concluded from the moment the User, after selecting the product(s), has created a shopping cart and clicked the "Pay for Purchase" button. The User is obliged to pay for the goods in accordance with the procedure and within the time limits specified in these Terms and Conditions.
3.3. Purchase agreements are registered and stored in the POETICA.lv database.
3.4. POETICA agrees to deliver the goods ordered and paid for by the User to the delivery address specified by the User in the order, in accordance with the conditions set out in Section 5 of these Terms and Conditions.
3.5. If POETICA is unable to contact the User within 3 (three) business days after the order has been placed, the order shall be cancelled. In such case, POETICA shall refund only the amount paid for the goods, while the delivery charge shall not be refunded.
3.6. In exceptional circumstances where, due to unforeseen reasons, POETICA is unable to deliver the goods purchased through the POETICA.lv online store, POETICA undertakes to offer the User a similar product. If the User does not agree to accept the substitute product, POETICA shall refund the amount paid for the unavailable product as soon as possible, but no later than within 30 (thirty) calendar days from the date on which the User refuses the substitute product.
4. Prices and Payment Procedure
4.1. The prices of goods in the POETICA.lv online store are indicated in Euro (EUR). Value Added Tax (VAT) is included in the price.
4.2. The User may pay for the goods using one of the following payment methods:
4.2.1. via Internet banking "bank-link" services (when placing an order);
4.2.2. by bank transfer (when placing an order);
4.2.3. by credit card (when placing an order).
4.3. If an overpayment for the goods has occurred, POETICA shall refund the overpaid amount by transferring it to the bank account from which the original payment was made. If the overpayment resulted from another payment method, the User must submit a written request to POETICA specifying the bank account number to which the overpaid amount should be transferred.
5. Delivery of Goods
5.1. When selecting a delivery method, the User undertakes to provide an accurate delivery address.
5.2. The goods may be delivered to the User either by POETICA or by its authorised representative.
5.3. The User undertakes to accept the ordered goods from the courier.
5.4. The delivery fee within Latvia is EUR 8.00 (eight euro and 00 cents). If the total value of the User's order exceeds EUR 75.00 (seventy-five euro and 00 cents), delivery shall be free of charge. POETICA reserves the right, at its sole discretion, to change the minimum order amount required to qualify for free delivery at any time.
5.5. POETICA will make every reasonable effort to ensure that the ordered goods are delivered as quickly as possible. The estimated delivery time is 3–5 (three to five) business days after completion of the purchase.
5.6. If the User is not present at the delivery address specified in the order, POETICA shall have the right to deliver the goods to any other adult person present at the specified address at the time of delivery. In such a case, the User shall not be entitled to raise any claims against POETICA regarding delivery of the goods to an inappropriate person.
5.7. If delivery of the goods is impossible due to the User's fault or circumstances attributable to the User (including, but not limited to, an incorrect delivery address, the User not being present at the specified address, or the address being inaccessible), the goods shall not be re-dispatched and the order shall be cancelled. In such case, POETICA shall refund only the amount paid for the goods, while the delivery charge shall not be refunded.
5.8. Upon receipt of the goods, the User or the User's representative shall verify that the goods correspond to the order and shall sign the delivery confirmation in the manner specified by the carrier. By signing the delivery confirmation, the User or the User's representative confirms that the goods have been delivered in good condition and in conformity with the purchase agreement. If the courier delivers goods whose packaging is crushed, wet or otherwise visibly damaged, the User must record such defects in the delivery confirmation (or prepare a separate report) in the presence of the courier. POETICA shall not be liable for defects that were apparent at the time of delivery but were not recorded in the delivery confirmation. The delivery documentation shall either be enclosed with the shipment or sent electronically to the User's e-mail address after confirmation of delivery.
5.9. We recommend collecting your parcel from the parcel locker as soon as possible, as extreme temperatures (during both winter and summer) may affect the quality of the products.
6. Product Quality
6.1. The characteristics of all products sold on POETICA.lv are specified in the description of each product. POETICA ensures that the main characteristics of the products sold in the POETICA.lv online store (including information about the manufacturer, model, colour, volume, etc.) correspond to the actual characteristics of the products and comply with the terms of the contract. The criteria for a product's conformity with the terms of the contract are set out in the Consumer Rights Protection Law.
6.2. All products purchased on POETICA.lv are covered by the warranty provided for under the applicable laws and regulations.
6.3. If a product does not conform to the terms of the contract, the User is entitled to request that POETICA takes one of the following actions:
1) remedy the non-conformity of the product with the terms of the contract;
2) replace the product with one that conforms to the terms of the contract;
3) reduce the price of the product accordingly;
4) terminate the contract and refund the amount paid by the consumer for the product.
6.4. First of all, the User is entitled to request that POETICA, free of charge, remedies the non-conformity of the product with the terms of the contract or replaces it, free of charge, with a product that conforms to the terms of the contract, unless this is impossible or disproportionate (disproportionate if it would impose costs on POETICA that are unreasonable in comparison with the alternative remedy specified in Clause 6.5, taking into account the value of the product without the non-conformity, the significance of the non-conformity, and whether the use of the alternative remedy would cause significant inconvenience to the consumer).
6.5. If it is impossible to remedy the non-conformity of the product with the terms of the contract or to replace it, free of charge, with a product that conforms to the terms of the contract, the User is entitled to request that POETICA reduces the price of the product accordingly or terminates the contract and refunds the amount paid for the product. When reducing the price or terminating the contract and refunding the purchase price, POETICA may take into account the depreciation of the product or the benefit the User has obtained from using the product, as agreed between the contracting parties.
6.6. In the case of a minor non-conformity of the product with the terms of the contract (where such non-conformity does not substantially reduce the quality of the product's main functions or usability and can be remedied without causing visually noticeable changes to the external appearance of the product), and where such non-conformity cannot significantly affect the User's ability to use the product, the User is not entitled to request that POETICA terminates the contract and refunds the amount paid for the product.
6.7. The User may submit objections and claims regarding the product's non-conformity with the terms of the contract to POETICA either verbally or in writing by sending an application to POETICA at: Brīvības iela 58, Riga, LV-1011.
After reviewing the objections, POETICA shall provide the User with a response.
7. Right of Withdrawal and Return of Goods
7.1. If the User is a consumer within the meaning of the Consumer Rights Protection Law (a natural person who purchases goods for purposes not related to their economic or professional activity), the User (consumer) may exercise the right of withdrawal in accordance with the procedure set out in Section 7 without providing any reason. In accordance with Cabinet of Ministers Regulation No. 255 of 20 May 2014 "Regulations Regarding Distance Contracts", the consumer has the right to withdraw from the purchase agreement within 30 calendar days from the date of delivery of the goods by submitting a notice of withdrawal to POETICA.
7.2. To exercise the right of withdrawal, the User must proceed in one of the following ways:
7.2.1. The User sends an electronic notice by e-mail to POETICA at info@POETICA.lv. The e-mail must specify the item being returned (product name), the order number, and the bank account number to which the User wishes to receive the refund for the returned goods. When sending the withdrawal notice by e-mail, the User may also use the attached Withdrawal Form Template by completing it and sending it to POETICA by e-mail. POETICA shall immediately acknowledge receipt of the electronic withdrawal notice after receiving it.
7.2.2. The User submits a withdrawal request through their account on POETICA.lv. To exercise the right of withdrawal in this manner, the User must first log into their account on POETICA.lv, select the specific order containing the goods they wish to return in whole or in part, and indicate which products and in what quantity they wish to return to POETICA. After specifying the products and quantities to be returned, the User must provide the bank account number to which the refund should be transferred, as well as indicate the method by which the goods will be returned to POETICA (personally delivering them to the POETICA store, handing them over to a courier, or placing them in a parcel locker). Optionally, the User may also specify the reason for returning the goods. After entering this information, the User confirms the return request and returns the goods to POETICA using the selected method without undue delay, but no later than 30 days from the date the withdrawal request was submitted. Once POETICA has received the returned goods, POETICA will send the User a confirmation of receipt.
7.3. The User shall be deemed to have complied with the withdrawal period (30 days) if the notice of withdrawal is sent to POETICA by one of the methods specified in Clause 7.2 of these Terms and Conditions before the expiry of the withdrawal period. In the event of a dispute, the User shall be responsible for proving that the right of withdrawal was exercised within the prescribed time limit.
7.4. If the User exercises the right of withdrawal in accordance with Clause 7.2.1 of these Terms and Conditions, after sending the notice of withdrawal the User shall return the goods to POETICA by post, ensuring that the goods are delivered to the following address: Brīvības iela 58, Riga, LV-1011, without undue delay and no later than 30 days, or personally deliver the goods to POETICA at the above address within the same period. The deadline shall be deemed to have been met if the User dispatches the goods before the expiry of the 30-day period. The User is obliged to retain proof of the date on which the goods were returned. POETICA hereby informs the User that goods sent only to a post office for collection, rather than being delivered directly to the above POETICA address, shall not be considered received, and POETICA is under no obligation to collect such shipments from the post office.
7.5. Without undue delay and no later than 14 days from the date on which it receives the User's notice of withdrawal, POETICA shall reimburse the User for all amounts paid, including the delivery costs. The refund shall be made using the same payment method that the User used for the original transaction.
7.6. If, at the time of placing the order, the User expressly chose a delivery method other than the least expensive standard delivery method offered by POETICA, POETICA shall not be obliged to reimburse the additional delivery costs.
7.7. POETICA reserves the right to withhold the refund of the purchase price until POETICA has received the returned goods from the User or until the User has provided proof that the goods have been returned to POETICA, whichever occurs first.
7.8. The direct costs of returning the goods shall be borne by the User. If, due to the nature of the goods, they cannot be returned by post, the consumer shall bear all costs associated with returning the goods.
7.9. The User may exercise the right of withdrawal provided that the following conditions are met:
7.9.1. The returned product(s) must be in the original packaging, and the User must not have opened the product packaging.
7.9.2. The product must not be damaged.
7.9.3. The product must not have been used or lost its commercial appearance (labels, protective films, etc. must remain intact). This condition does not apply to products that were already damaged upon delivery, provided that the User recorded such objections upon accepting the goods.
7.9.4. The returned product must be in the same condition as it was at the time of receipt.
7.10. POETICA has the right to refuse to accept returned goods if the deadlines for returning the goods have not been observed.
7.11. The User is responsible for preserving the quality and safety of the goods during the withdrawal period. The User shall be liable for any reduction in the value of the goods if they have been used in a manner that is incompatible with the principle of good faith, including use for purposes other than determining the nature, characteristics or functioning of the goods. The goods must be returned undamaged, without loss of their commercial appearance (labels must not be removed or damaged, protective films must not be removed, etc.) and must not have been used. The goods must be returned in their original packaging, complete with all components as received, together with the proof of purchase and all accessories supplied with the goods at the time of delivery. If the goods are incomplete, damaged, untidy or improperly packaged, POETICA shall have the right to refuse to accept the returned goods and to refuse to refund the amount paid by the User for the goods.
8. Communication
8.1. POETICA communicates with the User by e-mail, postal address or telephone number. The User may use any of the communication methods listed in the Contacts section of POETICA.lv.
9. Liability
9.1. POETICA shall not be liable in any case where losses arise as a result of the User acting contrary to the procedures for using POETICA.lv set out in these Terms and Conditions.
9.2. In the event of losses, the party at fault shall compensate the other party for the direct losses incurred.
9.3. POETICA.lv shall not be liable for any insignificant discrepancies between the characteristics of the products shown in the images displayed in the POETICA.lv online store (including the actual size, shape, colour shade or similar characteristics) and the actual characteristics of the products, where such discrepancies are caused by the display settings of the User's device, lighting conditions or any other similar external factors.
9.4. POETICA shall not be liable for any delay in the performance of its obligations, failure to perform its obligations, or any other non-performance resulting from circumstances or obstacles beyond POETICA's reasonable control, including but not limited to strikes, government actions, war or a national state of emergency, threats of terrorism or terrorist acts, environmental or climate anomalies, failures by third parties, interruptions to Internet services, or failures of computer equipment or software. In the event of such force majeure circumstances, POETICA shall make every reasonable effort to eliminate the resulting delays as quickly as possible.
10. Final Provisions
10.1. The relationship between the User and POETICA shall be governed by these Terms and Conditions and the laws of the Republic of Latvia.
10.2. In the event of any questions or disputes, the User shall contact POETICA Customer Service by telephone or e-mail. The parties shall make every reasonable effort to resolve any disputes through mutual negotiations. A User who is a consumer within the meaning of the Consumer Rights Protection Law (a natural person purchasing goods for purposes not related to their economic or professional activity) has the right to exercise and protect their statutory consumer rights in accordance with the procedures established by the Consumer Rights Protection Law and other applicable legislation. If no agreement can be reached, the dispute shall be referred to the competent court in accordance with the laws of the Republic of Latvia.