Terms & Conditions
Terms and Conditions
This
contract is concluded between SIA MONTENEGRO, registration number 40103845311,
legal address: Terbatas str. 49/51-2, LV-1011 Riga, Latvia, and the Purchaser,
who makes a purchase in the seller’s shop. This contract is an agreement
between the purchaser and the seller, based on the proposal of the Seller,
executed via the Internet, by phone, e-mail or in the store belonging to SIA
MONTENEGRO.
I-COLLECTION
trade mark belongs to seller.
Definitions
1.
Contract - this
distance contract, i.e., agreement for the purchase of product(s), which has
been concluded in absentia, by using remote communication devices;
2.
Parties – the
seller and purchaser under terms of this contract;
3.
Product - goods, which are featured on the home page or
in the catalogue of the seller;
4.
Homepage –
webpage, which is created on the Internet and is a constantly administrated
electronic version of the seller's store, containing the store’s range of
merchandise;
5.
Seller – SIA
MONTENEGRO;
6.
Purchaser - any
individual who is 18 years of age or over, or any legal entity, regardless of
the country of origin.
1.
Common Terms
1.1.
The terms of
the contract are applicable to all products, which are in the seller's offer.
The Seller’s stock includes products in the offer.
1.2.
The Purchaser
can place an order by phone or e-mail, online through the homepage, or at
events, where the Seller is participating, if only information on ordering opportunity of such
products seller had publicated on his home page. Any order is subject to the
following terms of this contract.
1.3.
The Purchaser
can place an order at any time, but the processing of the order will only be
made as follows: Mondays to Fridays - from 10:00 to 19:00; Saturdays from 10:00
to 17:00.
1.4.
The Contract enters into force as soon as the Purchaser has placed an order
and received an acknowledgement for the order from the representative of the
Seller in the form of a phone call or e-mail.
2.
Placing an Order
2.1. The Purchaser may place an order on the homepage of
the Seller without prior registration.
2.2.
By placing an order via the homepage, or via other methods, set out in clause
1.2. above, the Purchaser confirms, that at the moment of concluding the contract, he/she has reached the age of 18 or above.
2.3.
As a result of placing an order, the Purchaser receives an
e-acknowledgement of the order.
2.4.
Delivery dates
for products are estimated and the Seller will use all reasonable endeavours to
deliver products by the estimated delivery time. Terms of Delivery Dates:
2.4.1. The delivery of the product
commences on the next business day after receiving payment from the Purchaser
for the product.
2.4.2. The ordered product should be
available to the Purchaser at the place of receipt of the products by the
seventh business day after the delivery procedure has commenced, but if for any
reason, the Seller retains the anticipated delivery time, the Seller must
ensure delivery within 21 day of the confirmation of an order
2.5.
No terms and conditions endorsed upon, delivered with or confirmation of an
order or other document shall apply.
2.6.
All variations,
referring to the delivery of a product shall be binding as soon as agreed in
writing.
3.
Confirmation of an Order
3.1. The order is considered to be accepted and confirmed
at the moment when the formal acceptance of the order was sent to the Purchaser
from the Seller.
3.2.
A formal
acceptance can be issued either in written form (for example, the act of
placing an order), or with the dispatch of the product, if the Purchaser has
requested it. The contract is deemed to be concluded with the acceptance of the
order and applies only to the products, specified in the order.
4.
Prices and Payment
4.1. The price of the products will be as quoted on the
homepage from time to time, in printed materials (e.g. a catalogue) and on
various signs or labels on the products themselves or at exhibitions or events,
except in cases of obvious error.
4.2.
The price shall
be confirmed at the time the Purchaser places an order and before the contract
between the parties comes into force.
4.3.
The Seller
reserves the right to make any changes to the prices as necessary; however,
such changes will be made and notified to the Purchaser prior to the contract
between the parties coming into force.
4.4.
The Seller
reserves the right to charge the correct price for products if an incorrect
prices has erroneously been published in any marketing material (including
printed materals, electronic media and all other forms of communication).
4.5.
All prices
shown include VAT and exclude dispatch charges. VAT is not applied, if the
product is to be sent to a purchaser in any country outside the EU or any legal
entity outside the Republic of Latvia. Dispatch costs are dependent upon the
size, weight and destination of the parcel as well as the speed of delivery
required.
4.6.
The Purchaser
must make payment in advance and for the totalin the amount of 100% of the
purchase and dispatch costs. Payment couldan be made by one of the following
methods: by bank transfer onusing the information provided by the the
requisites of the sSeller or by payment card.
4.7. Payment must be made prior to delivery.
4.8. In the event that payment is not made, the Seller reserves the right to unilaterally withdraw from the contract.
4.9. All payments between legal entities must be performed by wire transfers.
5.
The Right of Withdrawal
5.1. The
Purchaser has right to decline and return the delivered products within 14 days
after receipt by filling out the withdrawal form and sending the product(s)
back to the seller together with the delivery packaging. The Withdrawal Form is
the application of the contract.
5.2.
The Purchaser
loses the right of withdrawal, in cases, if after receipt of the product any
manipulation of the product has been made, for example, washing, cleaning,
modification or mechanical processing. The right of withdrawal is not
applicable to the fabrics.
5.3.
The right of
withdrawal is applicable in relation to the total volume of delivered products
– the Purchaser has no rights to give up part of the delivered products
5.4. If the Purchaser uses the right of withdrawal, the full amount of the purchase cost is to be refunded to the purchaser, using the same type of calculation and payment transaction information used when ordering the product. In case of payment using bank card refund will be performed by bank draft with bank details provided by Purchaser.
5.5.
If the Seller on a legal basis refuses
to allow the Purchaser to use the right of withdrawal, the Purchaser is
entitled to receive product back in the
office of the Seller, or to demand the delivery of theproduct, repaying in advance all the costs of re-delivery in
volume of 100%. If within a month after the refusal to use the right of
withdrawal, the Purchaser has not received the product in the Seller's office
or did not repay the costs of delivery, the Seller reserves the right to destroy the product. In this case, the purchase price of
the product is not refundable to Purchaser.
6.
Terms of Delivery
6.1. The Seller either with the help of postal services,
courier, or any other means delivers the product to the Purchaser’s specified
address. In addition, the Purchaser is entitled to personally receive the
product at the Seller’s office.
6.2.
Any given
delivery dates for the products are approximate.
6.3.
Any charges
relating to import tax, duty or Customs clearance of a product in to a country
designated by the Purchaser shall be arranged and paid for by the Purchaser.
6.4.
If delivery of
an order was rejected by the Purchaser for a reason that cannot be described as
the realisation of the withdrawal right, the Seller reserves the right to act
in accordance with clause 5.5. above.
6.5.
The Seller must
be notified of any shipments which may have been tampered with or of any
products missing from deliveries within 48 hours of receipt of such deliveries.
Until the matter is resolved, the Purchaser must keep all packaging and
documentation relating to such shipments.
7.
Risk
7.1. The risk in respect of the
sold product will pass out to the Purchaser upon delivery.
7.2.
If the
Purchaser has not received the product(s) in the requested manner, the Seller
will make all reasonable efforts to contact the Purchaser and deliver the
product(s) to the Purchaser.
7.3.
The product is
deemed to have been delivered if the product storage deadline at the person
providing delivery services has expired.
8.
Warranty
8.1.The Seller guarantees that the
products correspond with their description in the Seller’s current catalogue or
on the homepage.
8.2.
A Warranty is
given above the clauses of contract and is subject to the following conditions,
that the Seller is not under liability
for:
8.2.1. any defect araising from fail wear;
8.2.2.
wilful damage
by the Purchaser;
8.2.3.
The Purchaser’s
negligence;
8.2.4.
product use in
abnormal woring conditions.
8.3.
The Seller does
not give a warranty for full compatibility of product colour with the colour
indicated on the website or in the current catalogue. This is explaind by
colour reproduction and perception, using digital technologies.
8.4.
No warranty is
given by the Seller in respect of suitability for the purpose intended by the
Purchaser. It is the Purchaser’s responsibility to ensure that the product is
suitable for the desired purpose.
8.5.
Within the terms of this contract the statutory rights
of the Purchaser are not affected.
8.6.
The Product is
not a toy and is not designed to be used by children.
8.7.
The Seller is
not responsible for indirect or consquential losses, claims, costs and any
damages of the Purchaser, which happen in connection with a breach by the
Seller, or for any loss of income and
unimplemented deals, even if foreseeable.
8.8.
The Parties are
exempted from liability for the failure to perform their contractual
obligations due to Force Majeure
9.
General
9.1. All
written communications under the terms of this contract, should be addressed to
the parties’ registered offices or specified contact address
9.2.
This contract is concluded between the
Purchaser and the Seller.
9.3.
The Purchaser without the Seller’s
prior written consent is restricted to transfer, change, assign or otherwise
dispose his rights under the terms of this contract.
9.4.
The Seller is
allowed to transfer, change, assign or otherwise dispose his rights
under the terms of this contract, and at any time during the term of this
contract.
9.5.
If any of these terms and conditions or
any provisions of this contract are determined by any competent authority to be
invalid, unlawful or unenforceable to any extent, such terms, conditions or
provisions will to that extent be served from the remaining terms, the
conditions and provisions and will continue to be valid to the fullest extent
permitted by law.
9.6.
Latvian law is
applicable to this contract.
9.7.
The Purchaser is subject to the terms
of thiscontract as long as the Purchaser is purchasing products from the Seller
and until any amendments to this contract are adopted. Amendments to the
contract are considered to be adopted if the Purchaser within seven working
days does not notify the Sseller to the contrary.
9.8.
Contractual
disputes are subject to the jurisdiction of the courts of the Republic of
Latvia.
