1. General conditions
1.1. These terms of purchase-sales of goods (hereinafter referred to as “the TERMS”) provide for the general terms of the “CRUNCHY” e-store “www.crunchyuzkodas.lv/store” (“CRUNCHY” store). The rules apply if Buyer chooses, orders and buys goods from CRUNCHY, or uses the services provided by the CRUNCHY shop in any other way.
1.2. The “CRUNCHY” shop is a retail Internet shop focused on consumers who purchase goods for personal, family, household needs or purposes that are not related to their economic or professional activities.
1.3. In the “CRUNCHY” shop, the sales of goods are organised, performed and the related services are provided to Buyer by the “CRUNCHY” SIA., registered office: Sauleslīču iela 2-1, Marupe, Marupe Municipality, LV-2167, Reg. No. 42403048746 (“Salesperson”). Items owned by Salesperson are sold in the CRUNCHY shop.
1.4. Customers in these Regulations are considered to be customers who shop in the CRUNCHY shop or use other CRUNCHY shop services. Use the “CRUNCHY” shop and shop in it has the right to (a) natural persons (b) legal persons acting on behalf of executive bodies or authorised agents
1.5. When registering or submitting an offer, Buyer confirms that it has the right to shop in the “CRUNCHY” shop, i.e. it complies with the provisions of point 1.4 of the Regulation.
1.6. Together with the Item Order submitted by the Buyer, these Regulations become a contract concluded between the Buyer and the Salesperson and constitute a legal document binding on both sides. The contract is considered to be entered into if Buyer prepares and submits a goods order to the CRUNCHY SIA., in accordance with the procedures and deadlines specified in the Regulations, pays (if the Buyer has chosen that the goods will be settled at the time of ordering) and the electronic mail specified by the Buyer sends a confirmation that the Buyer's order has been accepted. The contract shall remain in force pending the fulfilment of the obligations of the Parties arising from this Agreement. If the purchaser has not paid for the supply of the goods in advance, but for the reasons given above, the goods cannot be transferred to the purchaser, the purchaser must pay the Salesperson the cost of delivering the goods equivalent to EUR 3 (EUR three). The buyer also has the right to unilaterally withdraw from the order before the order is delivered by sending an e-mail to the Salesperson to [email protected] In this case, the money paid by the customer for the execution of the order is transferred within 5 working days to the Buyer account. However, if, upon receipt of the Buyer's refusal, the order delivery has already been commenced, the Salesperson is entitled to deduct the delivery fee from the amount to be repaid to the Buyer.
1.7. The buyer is not entitled to submit an item order to the CRUNCHY shop if it has not met the Regulations and (or) does not agree with them. In cases where Buyer does not agree with or a certain part of the Regulations, it will not have the option to order items at the CRUNCHY shop. When ordering items at the CRUNCHY shop, the buyer is deemed to have met and agreed with the Terms.
1.8. The seller shall retain the right to unilaterally amend, rectify or supplement the provisions. For the customer, when shopping in the CRUNCHY shop, the rules applicable at the time the order is submitted and published in the CRUNCHY shop are applicable to the customer, so that the customer has to know each shopping time with the rules. If, following the publication of the amended Regulation, the Buyer carries out an order in the CRUNCHY shop, the Buyer shall be deemed to have met the new amendments and agree with them.
1.9. The seller shall not take any risk or liability and shall be released unreservedly if the Buyer has not met the provisions in part or in full, even though it has been granted such an opportunity.
1.10. The seller has the right to limit the number of registered Buyers by unilaterally blocking or deleting Buyers profiles, taking into account the technical capabilities of the shop system in CRUNCHY.
1.11. The salesperson has the right to unilaterally restrict the use of the customer's CRUNCHY shop services without warning, or to cancel Buyer's registration, if Buyer uses the CRUNCHY shop in breach of these rules, attempts to harm the execution orders, job stability and (or) security of the “CRUNCHY” shop.
1.12. Taking into account point 1.2 of the Regulation and seeking to meet the needs of retail customers first, the Salesperson reserves the right to restrict purchases with wholesale characteristics, i.e. the Salesperson has the right to refuse to accept and (or) execute the Purchasing Order (s) by electronically informing the Buyer if the Buyer orders uncommonly high goods at retail sale. quantities of goods (whether or not the goods are ordered with a single order or several orders submitted in a relatively short time) and (or) if the Purchaser Order (s) has other wholesale purchase characteristics.
1.13. If important circumstances arise, the Salesperson may temporarily or permanently terminate the shop of CRUNCHY, without notifying the Buyer beforehand. In this case, within 5 working days, the Salesperson returns to Buyers the money paid for the non-delivered orders.
1.14. The seller hereby informs, confirms and guarantees to the Buyer that, as Salesperson, it is authorised to organise, execute sales of goods belonging to the Salesperson in the CRUNCHY shop and to provide other services related to the sale of goods to the Buyer as specified in this Regulation.
2. Registration and processing of personal data
2.1. The customer who wants to use the CRUNCHY shop and purchase the items it offers has the option to register in the CRUNCHY shop system, filling out the registration questionnaire. The following Customer's personal data must be included in the registration questionnaire: given name, surname, e-mail address, item delivery address, phone number registered in Latvia, other data necessary for the supply of goods. The authorised representative of the legal person shall indicate the name of the legal person in place of the name and surname.
2.2. The purchaser shall be responsible for ensuring that the data indicated in the registration questionnaire are accurate, correct and exhaustive. If the data specified in the Buyer Registration Form changes, it must update it immediately. The seller shall under no circumstances be liable for damages incurred by the Buyer and (or) third parties because the Buyer has indicated incorrect and (or) non-exhaustive personal data or has not been updated.
2.3. The buyer has the right to change the registration data freely at any time, supplement or cancel his registration.
2.4. When registering, the Buyer shall establish individual accession data (user name and password) and undertake to keep them secret and not to disclose them to third parties. In order to reduce the risk of illegal access to the “CRUNCHY” shop on behalf of Buyer, it is recommended to create a complicated, hard-to-recall password (it is recommended to create a password from a maximum of 8 symbols using letters, numbers and punctuation, to avoid easily readable names (names, names, names, etc.) and (or) digits (e.g. date of birth), etc.) and change it at least every 6 (six) months. The customer is responsible for the complexity and retention of the connection data it creates, as well as for any activities (data transfer, submitted item orders, user comments, etc.) that were performed at the CRUNCHY shop when you joined with an individual customer's name and password. If the services provided by CRUNCHY are used by third parties when connecting to an Internet store using the Buy-in data, the Salesperson considers this person to be Buyer. If Buyer clears the connection data, he or she must immediately inform the Salesperson by mail, telephone, or sending an electronic letter, or change the connection data by joining the company's CRUNCHY store in the “My account” system. The salesperson cannot be and will not be considered as responsible for incurring losses caused to Buyer by third parties when connecting to the shop of CRUNCHY SIA using Buyer login data. The security of access data is essential in the case of debit cards or credit cards (see page Point 3.3.2).
2.6. The customer's personal data will be processed for direct marketing purposes only with the agreement of the Buyer. The consent of the buyer shall be expressed by completing the registration form and by labelling the relevant fields specified in this Regulation.
3. Prices of goods, arrangements for payment and time limits
3.1. Item prices in the CRUNCHY shop and the created order are listed in Euro. Items are sold to Buyer at prices in the CRUNCHY shop at the time the order was submitted.
3.2. The buyer will settle the item in one of the following ways:
3.3.1. Cash payment when an order is received,
3.3.2. Payment with bank transfer by order
3.4. When choosing a settlement for the goods at the time of their ordering in accordance with paragraph 3.3 of the Regulations, the purchaser undertakes to pay immediately for the goods ordered, but not later than 1 (one) hour from the time the order was submitted. Only when the Salesperson receives an appropriate Payment from the operator of the selected payment system for the Purchaser for the goods and an acknowledgement of the delivery (transportation), the Salesperson starts the order and from now on the time of delivery of the goods also takes effect.
3.5. If the Buyer has chosen to settle the goods at the time of their ordering in accordance with paragraph 3.3.2 of Regulation, the Salesperson has the right, without notifying the Buyer beforehand, to cancel his order if the Buyer fails to pay for the goods within 1 (one) hour from the time the order was submitted.
3.7. The buyer, if it is a legal person, has the right to settle the goods by paying the prepayment invoices displayed by the Salesperson (by selecting the type of payment). When you receive a prepayment invoice, the purchaser makes the payment using the prepayment invoice received. The money is transferred by the purchaser to the Salesperson account within the deadline specified in the prepayment invoice.
4. Assembling and delivering goods
4.1. Sales of the “CRUNCHY” shop are to be performed and the goods are to be delivered in Riga, Marupe and other cities according to cooperation with the delivery service provider.
4.2. The payment applicable to the goods delivery service, which is specified in the “Delivery” section of the CRUNCHY shop's home page and is valid at the time the item order is submitted. The delivery payment of goods may be both fixed and depending on the value of the goods ordered by the Buyer and (or) the delivery deadline.
4.3. The seller has the right to unilaterally determine, at his or her discretion, the delivery fee and the minimum amount of the purchase basket, i.e. the minimum amount for which the customer must choose and order the items in the CRUNCHY shop for the order to be executed. The minimum amount of the purchase basket should be indicated in the “Delivery” section of the CRUNCHY shop. The minimum amount of a basket of purchases cannot be counted against the item delivery charge.
4.4. The seller will make every effort to ensure that the Purchaser's order is completed in full, but no guarantee can be granted or granted. If there is not a sufficient quantity of outstanding or goods of the ordered goods at the place of order, the Salesperson shall retain the right not to supply the goods, to supply a smaller quantity of goods, or to offer an item similar to the goods ordered by the Buyer or, as far as possible, similar to their characteristics.
4.5. If the price of the Similar Item chosen by the Salesperson is lower, the difference between the price paid and the actual price shall be refunded to the Buyer account not later than 5 (five) working days from the delivery of the goods. If the price of the like product is higher, the Salesperson confirms that the Buyer will not have to pay an additional premium.
4.6. If the Buyer is not satisfied by the Dealer's choice of Replacement Item, it may return the item to the Supplied Salesperson's representative at the time of delivery of the consignment. The return shall be recorded on the invoice or the bill of lading.
4.7. When accepting similar goods supplied by the Salesperson, they may subsequently be returned to the purchaser (except for goods for which the right of withdrawal is not applicable in accordance with regulatory enactments) only in the Chapter “Right of withdrawal” of this Regulation. Change and return of goods' in specified cases and in accordance with the procedures specified.
4.8. If the Purchaser has paid the goods at the time of ordering, Cash for the Purchaser's paid but not delivered by the Salesperson, as well as for similar goods returned by the Buyer, shall be refunded to the Buyer's account not later than 5 (five) working days from the delivery of the consignment.
4.9. The items ordered by the customer must be delivered to the address registered by the customer in the “CRUNCHY” shop system. The buyer undertakes to accept the goods within the limits of the time window he or she chooses, or to specify in the comment section the person entitled to receive the order on behalf of the purchaser (for the Buyer, legal person, this requirement is mandatory).
4.10. In such a case, if the customer is not found at the delivery address specified in the “CRUNCHY” shop system, the Salesperson has the right to transfer the goods to any other person at the specified address, but the Buyer does not have the right to express any claims to the Salesperson regarding the delivery of the goods to a non-compliant entity.
4.11. If the delivery of the goods is not possible due to the fault of the purchaser or due to circumstances depending on the buyer (The customer has indicated an incorrect address in the shop system of CRUNCHY SIA, the address “Buyer” or “Buyer” cannot be found, the reconsignment of the goods should not be repeated (except when the Buyer pays additional payment for the redelivery of the goods), but above the cash paid to the goods shall be refunded, except for the delivery of the goods. In such a case, if a delivery payment discount was applied to the purchaser at the time the order was submitted, but the delivery of the goods was not possible due to the fault of the purchaser or due to circumstances depending on the buyer, the Salesperson shall retain the right to deduct the full item delivery fee from the amount of the cash to be repaid to the Buyer (which is valid at the time of submission of the goods order), without taking into account the order. discounts applied at the time of submission.
4.12. The salesperson supplies the items to the Buyer within the time window of his choice. The buyer agrees that, in exceptional cases, the supply of goods may be delayed due to unforeseen and independent circumstances of the Salesperson. In such a case, the Salesperson undertakes to immediately contact the Buyer and to coordinate the delivery time of the goods.
4.13. In all cases, the Salesperson shall be relieved of responsibility for breaching the time limits for delivery of the goods if the goods are not delivered to the Buyer or are not delivered at the time due to the fault of the Buyer or due to circumstances dependent on the Buyer.
4.14. During the delivery of goods, the Purchaser or the person indicated by it, together with the Salesperson representative (courier), shall check the condition of the consignment, as well as the conformity of the goods delivered with the order. Without verifying the condition of the consignment, the package of goods delivered and (or) not recording, in accordance with the procedures specified in this paragraph, the consignment shall be deemed to have been delivered in accordance with the order and in the appropriate quality.
4.15. In cases where, at the time of acceptance of the goods, the Purchaser has observed that the consignment does not contain the corresponding quantity of goods or the goods supplied do not correspond to the goods it orders and is not indicated on the invoice or the bill of lading, the Buyer must inform the Salesperson thereof immediately (at the time of delivery of the goods). If the Buyer finds that the goods supplied are of an inappropriate quality, the poor goods shall not be accepted and returned to the courier, but the fact and reason for the return of the goods must be noted by sending the e-mail to the [email protected]
5. Quality of goods guarantee and durability of use
5.1. The characteristics of all items sold in CRUNCHY are generally listed in the product description for each item. Information on the characteristics of goods (their correctness) is the responsibility of the manufacturers of goods and (or) distributors, but the Salesperson is only responsible for the correct identification (transfer) of such information to consumers, unless otherwise specified by regulatory enactments.
5.2. The salesperson is not responsible for the fact that the items in the CRUNCHY SIA Internet Store may not, by their own colour, form or other characteristics, correspond to the real size, shape and colour of the items, the characteristics of the Buyer's applicable screens (monitors), or other technical reasons, and taking into account reasonably possible discrepancies in the image.
5.3. In cases where, in conformity with regulatory enactments, the term of validity of the goods is specified, the Salesperson undertakes to sell such goods to the Buyer in such a way that it is provided with a realistic possibility to use the goods until the end of their term of validity.
6. Right of withdrawal. Change and return of goods
6.1. The buyer has the right to exercise the right of withdrawal and to unilaterally withdraw from the purchase - sale agreement entered into in the CRUNCHY shop, notifying the Salesperson in writing not later than 5 (five) calendar days from the date of delivery of the item. A free-form statement clearly identifiing Buyer (given name, surname) and order date, regarding the exercise of the right of withdrawal, duly indicating all necessary data, shall be sent by the Buyer to the Salesperson by email: [email protected]
6.2. When submitting a written statement regarding the exercise of the right of withdrawal, the purchaser shall return the item (if it was supplied) in accordance with the procedure laid down in paragraph 6.6 of this Regulation no later than 5 (five) calendar days after the notification of the exercise of the right of withdrawal has been sent. The buyer shall be responsible for reducing the value of the goods during the exercise of the right of withdrawal.
6.3. The right of withdrawal specified in Paragraph 6.1 of these Regulations may only be exercised by Buyer, who, in accordance with the provisions of the Consumer Rights Protection Law of the Republic of Latvia, is to be recognized as a consumer, i.e. a natural person expressing a desire to purchase, acquire or be able to purchase or use goods or services for purposes that are not related to his or her economic or professional activities.
6.4. The buyer (consumer) may not exercise the right of withdrawal specified in paragraph 6.1 of these Regulations if any of the following conditions is detected:
6.4.1. the goods are perishable or have expired soon;
6.4.2. the consumer has opened a packaging for a product which cannot be returned for health and hygiene reasons;
6.4.3 in other cases provided for in Cabinet Regulation No. 255 of 20 May 2014, Regulations Regarding Distance Contracts.
6.5. A buyer (consumer) is entitled to apply to the Salesperson a claim regarding a goods not conforming to the provisions of the Treaty in conformity with the Consumer Rights Protection Law and to use the rights specified in the said Law in accordance with the procedures specified in the Law.
6.6. The goods or goods not conforming to the terms of the contract, in respect of which the right of withdrawal has been exercised or which are returned pursuant to paragraph 6.8 of the Regulations, shall be transferred free of charge by the purchaser to the Salesperson's Working Centre prior to agreement with the Salesperson by e-mail [email protected] regarding the time of return of the goods. The costs related to the return of the item shall be borne by the Purchaser. If the Buyer wishes to return the goods at the time of delivery, the goods shall be returned to the Salesperson representative (courier) who supplied them.
6.7. When returning or changing items purchased in the CRUNCHY SIA store, the Salesperson has the right to request to complete the Salesperson's submitted return or change form.
6.9. Returnable or interchangeable quality goods or goods in respect of which the right of withdrawal is exercised must be undamaged, they must not have lost the appearance of the sale of the goods (no labels have been removed and damaged, no protective film has been ripped off, etc.), and may not have been used. The goods must be returned to the original packaging, in the same package as the Buyer received them, the purchase approval of the goods must be submitted. If the goods are not in full assembly, damaged, disorderly or not properly packaged, the Salesperson has the right not to accept the goods, do not change them or return them to the Buyer for the money paid for the goods.
7. Exchange of information
7.1. The seller shall send and otherwise contact the Buyer by the e-mail address or telephone specified in the form of his registration.
7.2. The buyer shall send and otherwise contact all messages and questions by e-mail ([email protected]) or by telephone (+371 22344418).
8. End conditions and dispute settlement
8.1. These Regulations are drawn up in accordance with the regulatory enactments of the Republic of Latvia.
8.2. The legal provisions of the Republic of Latvia shall apply to relations which have been established on the basis of these Regulations.
8.3. In the event of losses, the guilty party shall compensate the other party for losses in accordance with the procedures specified in the regulatory enactments of the Republic of Latvia.
8.4. Any dispute arising between the Buyer and the Salesperson shall be negotiated by means of an agreement between the parties to the dispute.
8.5. If it is not possible to resolve the dispute between the Buyer (consumer) and the Salesperson by negotiation, the Buyer (consumer) shall submit a written submission to the Salesperson (the submission submitted electronically does not require a signature), in which the following shall be indicated:
1) his or her given name, surname, address of the place of residence and contact information;
2) the date of submission of the application;
3) the nature of the dispute, its claim and the justification thereof.
8.6. Copies of the documents certifying the transaction, as well as other documents supporting the submission (if possible), shall be attached to the submission.
8.7. The seller shall, within a period of 15 working days from the day of receipt of the submission, provide the Buyer (the consumer) with a written reply to the submission and inform regarding the possible form of execution of the claim or a solution to the dispute, if an agreement has not been reached in the said period regarding the fulfilment of the consumer's claim or an alternative form of fulfilment of the claim. If, for objective reasons, it is not possible to respond to the consumer's application within the period referred to above, the seller shall inform the consumer in writing without delay, indicating a reasonable time limit within which the reply will be provided, as well as justify the need for such an extension.
8.8. If the Salesperson considers that the Purchaser's claim is not substantiated or is prepared to offer a different solution to the dispute to the consumer, he or she shall inform the consumer in writing within the time limit referred to in Paragraph 8.7 of the Regulation. The seller has an obligation to substantiate the refusal of the consumer's claim.
8.9. If the purchaser (consumer) is satisfied by the solution proposed by the seller, the dispute shall be deemed to have been resolved.
8.10. If the Salesperson does not respond to the application of the purchaser (consumer) within the time limit specified in Paragraph 8.7 of this Regulation, the Salesperson shall be deemed to refuse to comply with the consumer's claim.
8.11. If the Salesperson refuses to comply with the Purchasing (Consumer) claim or the consumer is not satisfied with the solution proposed by the Salesperson, the consumer is entitled to apply:
1) in the Consumer Rights Protection Centre in order to receive assistance in resolving the dispute;
2) in the Consumer Offshore Dispute Resolution Commission, the home page: http://www.ptac.gov.lv/lv/content/pateretaju-stridu-risinasan-commission-0 dealing with disputes in the field in which the Salesperson operates; or using the https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooselanguage platform
3) in the Consumer Dispute Settlement Commission, if the assistance provided to the consumer in the Consumer Rights Protection Centre for the settlement of the dispute has not ensured a result and it is possible in the relevant field to call a Consumer Dispute Settlement Commission for consideration of the dispute;
4) in court.