Effective from 15.08.2017.
Before you begin to use the web site and the Internet store www.cerise.lv, please carefully read these Terms of Use.
1. GENERAL PROVISIONS
1.1. These Terms of Use (hereafter referred to as the Terms) determine the terms of use (1) of the webpage and the Internet shop www.cerise.lv (hereinafter – cerise.lv) and (2) the legal relationship between the Buyer and the Seller.
1.2. SIA Cerise, the unified registration number 40103276373, registered office: Ikšķile, Skolas iela 7-26, LV-5052, Latvia (hereinafter referred to as the Seller), ensures the contents of the information provided by cerise.lv and provides services in accordance with these Terms.
1.3. For the purposes of these Terms and Conditions, the Buyer has a legal person, who buys cerise.lv or uses other services of cerise.lv, or a legal person. These Terms are binding on each Buyer, regardless of whether the Buyer creates his user account on the website.
1.4. The right to shop cerise.lv is for capable natural persons, i.e. persons who have reached the age of majority and whose ability to act is not restricted by the court.
1.5. If the Buyer orders and purchases the goods and services offered by the online shop and uses other services of cerise.lv, it is considered that the Buyer is familiar and agrees to the terms of the distance contract and agrees to comply with them without any objection.
1.5.1. A distance contract (hereinafter – the Agreement) is concluded between the Seller and the Buyer who makes an order and conducts the purchase of cerise.lv. The Agreement enters into force when the Buyer has made an order through the means of distance communication and has received from the Seller confirmation of the order made by e-mail. An order and acknowledgment of receipt are considered received when they can be accessed by the person to whom they are addressed. The contract is valid until it is executed, i.e. up to order payment and delivery of goods. The contract applies to all orders and purchases made at the online store cerise.lv, but does not apply to orders and purchases made at CERISE stores.
1.5.2. The Seller does not keep the signed contracts for the purchased goods and services of cerise.lv, they are available to the Buyer each time before the purchase.
1.6. Seller reserves the right to change and supplement the Terms unilaterally at any time without notice, by posting them in cerise.lv section “Terms of Use”. The Buyer is subject to the Terms applicable at the time of ordering goods and services. Before purchasing each purchase, the Buyer is obliged to familiarize himself with the rules of cerise.lv, besides, the Buyer has the opportunity to keep them in a permanent medium or to print.
1.7. The buyer is not entitled to use the services of the Internet shop cerise.lv if they are not familiar with or disagree with the Terms. In this case, the Seller invites the Buyer to shop at the CERISE store.
1.8. If the Buyer does not comply with the Terms, the Seller has the right to cancel or restrict Buyer’s access to cerise.lv.
1.9. By placing a cerise.lv notice or without warning, the seller is entitled to temporarily restrict access to cerise.lv or to terminate the operation of the online shop cerise.lv.
2. PRODUCT CHARACTERISTICS AND PRICES
2.1. Prices for goods and services in cerise.lv and CERISE stores may vary. Prices of goods and services cerise.lv are indicated in euro, value added tax (VAT) inclusive. The price does not include the cost of delivery of the item.
2.2. The seller reserves the right to change the assortment of goods, prices, prices for special goods and services at any time unilaterally. Goods and services are sold at prices that are valid at the time of ordering goods and services. Remaining items are informative, their renewal is periodic.
2.3. The seller reserves the right to change the specifications of the goods unilaterally at any time without notice. Product descriptions use information provided by manufacturers and images.
2.4. The goods displayed on the cerise.lv images may vary in color, size, shape or other parameters from the actual characteristics of the goods. The pictures are informative. If the information on the products and services of cerise.lv does not match the information provided in the CERISE stores, the information in the CERISE store is considered to be correct.
3. CARRYING OUT AND PAYMENT PROCEDURE
3.1. Order and buy the goods and services provided by the cerise.lv online store only registered customers.
3.2. In order to purchase products from the online shop cerise.lv, the following steps must be taken:
3.2.1. choose a good (or goods) by adding it to the “Shopping Cart”
3.2.2. after placing all the selected goods in the “Shopping basket”, press “Make order”;
3.2.3. after filling in all necessary fields of data, press “Continue payment of the order”. The full cost of the purchase must be made in accordance with the Payment Terms.
3.3. The seller has the right to refuse to sell the goods ordered by cerise.lv informing the Buyer if:
3.31. the item is not available at the Seller’s warehouse at all, or not available in quantity, according to the order;
3.3.2. the price of the item and the parameters do not correspond to the actual information about the product due to a technical error in the system.
3.3.3. The buyer is not familiar with the rules of cerise.lv.
3.4. The order is payable immediately. An order is considered to have been submitted when the payment is made.
3.7. The order is deemed binding for the Buyer and Seller at the time when the Buyer has executed the order and has received from the Seller confirmation by e-mail. An order and acknowledgment of receipt are considered received when the person to whom they are addressed can access them.
3.8. The buyer is obliged to check the information and data specified in the order. In case of information and / or data mismatch, the Buyer informs the Seller, using the CERISE customer service email address: shop@cerise.lv. The Purchaser may keep the order and receipt of the order on a durable medium or print.
4. SUPPLY OF GOODS (RECEIVAL OF GOODS)
4.1. The goods ordered by the online shop cerise.lv are purchased by the Buyer according to the chosen Delivery method.
4.2. Receival of the goods is possible only if the order is fully paid.
4.3. Prior to receipt of the goods at the CERISE store, the Purchaser must present a personal identification document – a passport or ID card or driver’s license, as well as an order number or order confirmation. Goods are only issued to the Buyer, whose details are indicated on the relevant product order. If the Buyer does not indicate the order number or order confirmation or identity document, the Seller is entitled to refuse the goods.
4.4. If the Buyer does not repatriate the goods in accordance with the terms of the Delivery Terms, the Buyer is deemed to have breached the terms of the Agreement. In this case, the Seller is entitled to unilaterally withdraw from the Agreement and request the Buyer to reimburse the Seller for additional expenses incurred by the Seller in relation to the item (for example: expenses related to storage of the item, etc.). The Seller refunds to the Buyer the amount of money paid for the item, withholding additional expenses incurred by the Seller.
4.5. The delivery of the goods to the Buyer shall be in accordance with the delivery page and the bill of lading signed by the Buyer and the Seller’s representative. The order is deemed to be fulfilled with the receipt of the goods and the signing of the said documents. The Seller shall inform the Buyer of the order fulfillment by sending a notice using the Buyer’s email address or sending an SMS.
5. CANCELLATION AND CHANGES IN ORDER
5.1. To cancel the order or make changes to the order, the Buyer must contact CERISE customer service by e-mail: shop@cerise.lv.
6. WITHDRAWAL RIGHTS
6.1. The buyer may exercise the right of withdrawal and, within 14 (fourteen) days, unilaterally discontinue the goods purchased from the internet shop cerise.lv and return it to the Seller. The number of terminations of the right of withdrawal (1) from the day the Buyer or a third party other than the carrier indicated by the Buyer has acquired the goods in possession; (2) from the date of conclusion of the contract if the service is provided.
6.2. The Buyer must inform the Seller of the decision to withdraw from the Agreement before the expiry of the cancellation period by using:
6.2.1. a standard withdrawal form or
6.2.2. any other unambiguous statement of the decision to withdraw from the Agreement;
6.2.3. The buyer may electronically fill out and submit this withdrawal form or any other explicit statement using the CERISE customer service email address: shop@cerise.lv or by submitting a notice to the CERISE store.
6.3. If the Buyer does not use the standard withdrawal form, the Buyer shall indicate the following information in the notice of use of the right of withdrawal:
6.3.1. order date;
6.3.2. the date on which the goods were acquired;
6.3.3. The buyer’s name;
6.3.4. precise product name;
6.3.5. bank account number to which money must be returned.
6.4. The Buyer transfers the Goods back to the Seller without undue delay, but not later than within 14 (fourteen) days after sending the withdrawal form or notice of the exercise of the right of withdrawal to the Seller. The deadline has been met if the goods were returned back to the end of the 14 (fourteen) days period.
6.5. The buyer transfers the product to the CERISE store, or by post. Returning an order by mail, it must be sent to the address: SIA CERISE, Kandavas street 2A, Riga, LV-1083.
6.6. The Seller shall, without undue delay, but not later than within 14 (fourteen) days from the day the Buyer receives the notification of the decision to withdraw from the Agreement, refund to the Buyer the amount of money paid to him. The Seller refunds this amount by using the same type of payment as used by the Buyer, unless otherwise agreed between Buyer and Seller.
6.7. The Seller is entitled to arrest the repayment of the amount paid by the Buyer until the Seller has received the goods or the Buyer has provided to the Seller proof that the item has been returned.
6.8. If the Buyer has clearly expressed the wish to use a delivery method other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to reimburse the Buyer for additional shipping costs.
6.9. The Buyer’s direct costs related to the return of the item are borne by the Buyer.
6.10 The buyer is responsible for maintaining the quality and safety of the product throughout the term of exercise of the right of withdrawal. By using the right of withdrawal, the Buyer is liable for any reduction in the value of the goods if the goods are used in a way incompatible with the principle of good faith, including for purposes other than the identification of the goods or the operation of the goods.
6.11. In the term of exercise of the right of withdrawal, the Buyer has the right to use the product to the extent necessary for checking the nature, characteristics and performance of the goods (as much as it can be done before the purchase of the item at the trading venue). The goods must be unharmed, without loss of original appearance (unopened and damaged labels, unopened protective film, etc.) and unused. If the item is not in the complete set or in the original package, or if the packaging of the product is seriously damaged (except when it is not possible to open the packaging without damaging it), or the product is damaged, the Seller has the right to reduce the value of the goods in proportion to the depreciation of the good or not to accept the goods. The proportional amount is calculated on the basis of the purchase price paid by the Buyer for the product. The Seller shall inform the Buyer about the reduction of the value of the item by sending a notification to the e-mail indicated on the order.
6.12. The buyer transfers the item in its original packaging, in the same package as it was received, along with the accompanying documents of the goods – the guarantee voucher (if issued), the package leaflet and other documents relating to the goods.
6.13. The right of withdrawal does not apply, if:
6.13.1. the supply of goods made according to the Buyer’s specifications or clearly personalized;
6.13.2. the supply of goods that are likely to be badly damaged or expire soon;
6.13.3. the supply of sealed products which are not suitable for returning for health or hygiene reasons and which are open after delivery;
6.13.4. the supply of goods which, by reason of their delivery, have been irreversibly mixed with other things;
6.13.5. in other cases provided for by the applicable laws and regulations.
7. GUARANTEE
7.1. The products offered by the online store cerise.lv, if indicated on the accompanying documents of the goods, are provided with a manufacturer’s warranty. The warranty period is at least 2 (two) years, but the manufacturer may also set a shorter or longer warranty period.
7.2. The manufacturer’s warranty is valid upon presentation of:
7.2.1. original proof of purchase. The payment order and the bank’s printout for payment execution are not considered as proof of purchase;
7.2.2. a completed warranty voucher (a booklet or vouchers) if the manufacturer or distributor has fitted it with the product.
7.3. In order to receive the manufacturer’s warranty service, the Buyer must deliver the product to the CERISE store – Kandavas street 2, Riga, LV-1083.
7.4. Expenses related to transportation of the item are covered by the Buyer.
7.5. The guarantee is binding on its provider (manufacturer) according to the terms of the guarantee document.
7.6. The manufacturer’s warranty conditions do not apply to accessories, supplies, power supplies, and goods with limited resources.
7.7. The manufacturer’s warranty is void if the damage to the product is due to the buyer’s fault.
8. CLAIMS FOR ANY PRODUCT OR SERVICE NOT IN CONNECTION WITH THE TERMS OF THE CONTRACT
8.1. Regardless of the guarantee provided by the manufacturer, if the Buyer is a natural person within the meaning of the Consumer Rights Act, the Buyer is entitled to apply to the Seller for non-compliance with the terms of the contract within 2 (two) years from the date of receipt of the goods or service. The Buyer submits a claim application to the Seller within 2 (two) months from the day when the goods or service is found to be in conflict with the terms of the contract.
8.2. If the non-conformity of the goods with the terms of the contract is revealed within the first 6 (six) months from the moment of purchase of the item, the Buyer may nominate one of the following requirements to the Seller:
8.2.1. to compensate for the non-compliance of the goods without compensation or to compensate the expenses for elimination of the non-compliance of the goods;
8.2.2. to exchange goods against the same or equivalent goods, which would ensure compliance with the terms of the contract;
8.2.3. cancel the contract and repay the amount of money paid for the goods.
8.3. If the non-conformity of the goods with the terms of the agreement is revealed after 6 (six) months, the Buyer may nominate one of the following requirements to the Seller:
8.3.1. to compensate for the non-compliance of the goods without compensation or to compensate the expenses for elimination of the non-compliance of the goods;
8.3.2. exchange goods with the same or equivalent goods that comply with the terms of the contract.
8.4. Buyer’s right to file a claim for non-compliance of the goods or services with the contract terms as specified in clauses 8.1, 8.2. and 8.3. apply to all purchases, regardless of whether the purchases are made at the online shop at cerise.lv or CERISE store.
8.5. The buyer applies for a product or service that does not comply with the terms of the contract by filling in the application form and submitting it to the Seller at the CERISE store. Together with the Claim application the Buyer shall submit a copy of the document certifying the purchase.
8.6. The seller is not responsible for any defects in the product resulting from failure to observe, mistreatment, alteration or repair of the goods due to wear, deliberate damage, negligence, inappropriate working conditions, instructions for use, or repairs, if the Buyer independently carries out repairs without the Seller’s message.
8.7. In cases where the goods are not suitable for the size, color, shape or other similar reasons for the Buyer, but it is in conformity with the terms of the contract, the Buyer can not demand the exchange of goods for another product. Like the exchange of goods, the Buyer can not claim a refund if the product is free of defects and damage, but simply dislikes or is not needed. This condition does not apply to purchases made on the internet shop cerise.lv.
9. PERSONAL DATA PROTECTION
9.1. Personal data provided by buyers is processed in compliance with the requirements of the Personal Data Protection Law and other laws of the Republic of Latvia regulating the processing and protection of personal data. When processing and storing the Customer’s personal data, the Seller uses organizational and technical means to protect personal data from accidental or unlawful discovery, exchange and any other unlawful processing. More about Personal Data Processing – cerise.lv in the “Privacy Policy” section.
10. COOKIES
10.1. Cerise.lv uses cookies, which provides wider possibilities of using the online shop cerise.lv. More about cookies – in the “Privacy Policy” section.
11. COPYRIGHT ©
11.1 cerise.lv is the property of the Seller and the Seller’s Collaboration Partners and is protected in accordance with the procedures specified by the laws of the Republic of Latvia.
11.2. All or part of the publication, reproduction, transfer or storage, conversion or addition of commercial contents of the contents of cerise.lv content (including, but not limited to: published materials, logos, pictures, graphics, etc.) is prohibited unless the copyright or intellectual property right holder Has not given his consent to such an action. This prohibition does not apply to loading and storing content on a computer, tablet or smartphone and printing for personal (non-commercial) use only.
11.3. Cerise.lv content is permitted to be cited in accordance with the applicable copyright laws. If the content is quoted, its source must be indicated, but it is prohibited to reproduce, publish or distribute trademarks or logos contained in cerise.lv without the prior written consent of the owner of these trademarks or logos.
11.4 In the case of violation of copyright by cerise.lv, the Buyer may be held liable in accordance with the legislation of the Republic of Latvia.
12. LINKS
12.1. For customer convenience and awareness cerise.lv may have links to third party web pages. These links are for informational purposes only. Seller does not assume responsibility for any kind of information provided or published by third parties, even if the information is accessible through the link provided by the cerise.lv. Third parties are solely responsible for publishing the necessary information on their pages, and the Seller is not responsible for any inadequate, incorrect or false information.
12.2. When visiting third-party web-pages, Buyers must familiarize themselves with the terms of use of these pages and privacy policy.
13. LIABILITY
13.1. The seller does not accept any expenses, losses or losses that may result from the use of the information provided by cerise.lv or because the service or product offered by cerise.lv, the website or the online shop cerise.lv is not available for any reason or cerise.lv the operation has been interrupted or interrupted.
13.2. The Seller does not assume any risks or liability if the Buyer is unfamiliar or partially acquainted with the Terms and Conditions and Privacy Policy.
13.3 The seller is not responsible for the images and pictures of cerise.lv of the Internet store, etc. the discrepancy of the colors, sizes, shapes or other parameters of the apparent goods with the actual characteristics of the goods.
13.4 The Buyer shall assume all risks and responsibilities for the purchases made by the Internet shop cerise.lv, including the receipt (acceptance) of the item.
13.5 The Seller is not liable for any delay in the performance or non-performance of the obligations or other non-compliance arising out of circumstances and obstacles beyond the Seller’s reasonable control which includes, but is not limited to, strikes, government orders, hostilities or national-level emergencies, environmental or climatic anomalies, third-party failures, interruptions to the Internet, and crashes for communication equipment, computer equipment and software.
14. OTHER PROVISIONS
14.1. Information exchange. The Seller contacts the Buyer using the Buyer’s email address, postal address or telephone number. The buyer can use the communication types listed in the cerise.lv section “Contacts”.
14.2. In the event of a question or dispute, the Buyer contacts the CERISE customer service by telephone or via e-mail.
14.3. The web site and the Internet shop, cerise.lv, are governed by the laws of the Republic of Latvia. The relations arising from transactions with Buyers when the Buyer is a natural person within the meaning of the Consumer Rights Law is regulated by the Consumer Rights Protection Law and other regulatory enactments regarding the protection of consumer rights.
14.4 Any disputes arising are resolved as far as possible through negotiation. If no agreement is reached, the dispute is submitted to court in accordance with the legislation of the Republic of Latvia.