GENERAL TERMS AND CONDITIONS

TERMS USED IN THE GENERAL TERMS AND CONDITIONS

The Seller — OBELISK FARM IK, registration number 42402019491, legal address Gulbji, Obeliškas, Dekšāres pag., Rēzeknes nov., LV-4614, email: [email protected]

Consumer — a natural or legal person who expresses a wish to purchase, purchases or might purchase, or use goods or a service for a purpose, which is not related to his or her economic or professional activity;

Buyer — the person who makes the purchase of goods in the Seller’s Internet store. The Buyer can be both the Consumer and the non-Consumer;

Goods — any item offered or sold to a Consumer through this website;

Manufacturer — a person who within the scope of his or her economic or professional activity manufactures or renovates goods for sale, or identifies himself as the Manufacturer by indicating (labeling) on the goods or the packaging thereof, or in the technical documentation of the goods, its name (firm name), given name, surname, trademark or another distinguishing mark;

Legislation — Cabinet Regulation No. 20 of May 20, 2014, 255 “Provisions on the distance contract”, Consumer Rights Protection Law, Civil Law, Commercial Law, and other related legal acts;

Terms of use — instructions of the Manufacturer or the service provider through compliance with which goods or services retain their operational (utilization) characteristics and adequate quality, and do not pose a threat to the property, health, and life of the Consumer and the environment;

Prices — The final price of the item indicated on the Internet site, including taxes and fees, on which the Seller sells goods through this website. The price does not include the cost of delivery of the item;

Internet site — Seller’s website www.obeliskfarm.lv;

Parties — Seller and Buyer;

General Terms and Conditions — these Terms (the General Terms and Conditions of the website).

1.       General Terms

1.1. These Terms determine the legal relationship between Buyer and Seller.

1.2. Before proceeding with the use of the Internet site, please carefully read these Terms of Use.

1.3. When using the Internet site, the user agrees to comply with these Terms.

1.4.  Seller may partly or completely delete, modify, or update the information on the Internet site without prior notice.

1.5.  The pictures and description of the goods in question may vary slightly from the product offered.

1.6.  By agreeing to these conditions, the Client agrees to transfer their personal data to the Trader. The Trader is a personal data processing controller, according to General Data

Protection Regulation (GDPR). The Trader has the right to process the personal data of the Client in order to provide their services, or within the framework of concluded contracts, as also to record client count, to offer, provide and maintain their services, to pursue and protect the Company's rights and legal interests in fulfilling its obligations, and to fulfill their obligations specified in regulatory acts. The Trader has the right to obtain personal data from third parties, as well as to transfer it to third parties in order to provide its services, as also in cases of a legal demand.

2.      Use of the right of withdrawal

2.1. The Consumer may exercise the right of withdrawal and unilaterally cancel the goods within 14 (fourteen) days, by covering the costs, in accordance with legal acts.

2.2. The deadline for the exercise of the right of withdrawal shall be calculated from the date of delivery of the goods — if one item is ordered; from the date of delivery of the last item — if the order contains several items; from the date of delivery of the last lot of goods or parts — if delivery is to be carried out in batches or parts.

2.3. Use of the right of withdrawal means the notification of the Buyer for the waiver of the goods and the submission thereof or sending to the Seller.

2.4. The Cancellation Notice may be used by the Consumer to use the Seller’s refusal form or any other express or implied notice of refusal in which the Consumer shall necessarily indicate:

Addressee (Seller’s name, legal address, email address)

I declare that I wish to forfeit the purchase of such an item
Order date/date of receipt
Consumer name and surname
Consumer address
Consumer signature (only if this form is sent on paper)
Date

2.5. The returned goods must be delivered to the Consumer to Gulbji, Obeliškas, Dekšāres pag., Rēzeknes nov., LV-4614, and must be fully stocked.

2.6. By using the right of withdrawal, the Consumer may return the product to the Seller without packaging, if the Consumer has not been able to view the product without opening the package and it has not been possible to keep the packaging of the product, for example, because of the size of the package, as it is not an integral part of the product.

2.7. Submission of the withdrawal form or use of the right of withdrawal shall terminate the contract and release the Consumer from any contractual obligation arising out of the contract or from the obligation to conclude such an agreement if the offer was made by the Consumer.

2.8. The Consumer cannot exercise the right of withdrawal if the product is made according to the instructions of the Consumer or the product is clearly personalized; if the buyer has opened a plastic packaging; if the product is perishable or it expires soon; if the Consumer has opened the packaging; the product due to health and hygiene reasons cannot be returned; the product due to the delivery is irretrievably mixed with other things, etc. The return of the goods does not apply to cut flowers, flower bouquets, flower arrangements, and houseplants.

2.9. The refunded amount is credited back using the original payment method.

3.      Consumer responsibility

3.1.  The Consumer is responsible for reducing the value of the good or using it contrary to good faith if the product was used during the exercise of the right of withdrawal beyond the limits required for the identification and verification of its characteristics and type.

3.2. The Consumer is obliged not later than 14 days after sending a written refusal to return the product to the Seller. The Seller is obliged not later than within 14 days from the day he receives information about the Consumer’s decision to withdraw from the contract, to repay to the Consumer the amount of money he paid, including the delivery costs paid by the Consumer.

3.3. The Consumer is responsible for maintaining the quality and safety of the product during the term of exercise of the right of withdrawal.

4.      Delivery

4.1. The delivery price depends on the delivery type and area. Delivery of goods: The buyer comes for the goods themselves; the goods are sent to the Buyer using the postal services of SIA “Omniva" and DPD (in the territory of Latvia) and UPS or DPD (outside the territory of Latvia). Delivery prices are indicated when ordering a product.

Shipping costs to Latvia, Lithuania, and Estonia

Shipping costs to other European Union countries (except EU islands)

4.2. If the Buyer comes for the goods himself, the Seller ensures the delivery of the goods within two (2) business days after the payment for the goods has been received, agreeing to the time and place of delivery of goods with the Buyer. The goods, for which the Buyer comes himself, are kept with the Seller for 30 days.  If the goods are to be shipped, the seller ensures the dispatch of the goods within five (5) business days after the payment for the goods has been received.

5.      Payment

Payment for a product is possible in one of the following ways: making a non-cash transfer with a Visa or MasterCard payment card or making a transfer to the Seller's bank account.

The purchase will appear on the client's bank statement as obeliskfarm.lv and paid amount in EUR.

6.      Dispute resolution

Any dispute between the Parties arising out of the terms shall be settled in plaintiff’s discretion shall be settled in the courts of the Republic of Latvia