Terms of Use

1.1. These Terms of Use (hereinafter, the Terms) set out the procedure for the purchase, ordering, payment and delivery of goods, the exercise of the right of withdrawal, the return of goods and the handling of complaints in the online shop www.kondabaltic.lv (hereinafter, the Shop).

1.2. The seller is SIA KONDA, registration No. 40103877618, registered address: Alejas iela 9, Spilve, Babītes pagasts, Mārupes novads, LV-2101, Latvia, telephone +371 27503039, e-mail info@kondabaltic.lv (hereinafter, the Seller).

1.3. Goods in the Shop may be purchased by natural and legal persons for delivery within Latvia.

1.4. In these Terms:

• Consumer means a natural person who purchases goods for a purpose not related to their business or professional activity.
• Business buyer means a legal person, or a natural person, who purchases goods for the purposes of their business or professional activity.
• Buyer means any person who purchases goods in the Shop.
• Personalised product means a product made to the Buyer’s individual specifications or clearly personalised, including with an individual logo, text, image or specially commissioned design.
• Standard product means a product to which the exception from the right of withdrawal provided for in legislation in respect of goods made to the consumer’s specifications or clearly personalised does not apply.

1.5. Distance contracts concluded by Consumers are governed by the Consumer Rights Protection Law of the Republic of Latvia, Cabinet of Ministers Regulation No. 255 of 20 May 2014 “Regulations Regarding Distance Contracts” as in force, and other applicable legislation of the Republic of Latvia and the European Union.

1.6. Additional information for Buyers is available in separate sections of the Shop:

• Terms for private individuals — information on Consumers’ rights and the terms of distance contracts.
• Terms for businesses — information on orders placed by legal persons and for the purposes of business activity.

Those terms form a supplementary part of these Terms for the relevant category of buyers. Individually agreed written contract terms apply subject to the limitations laid down in legislation.

No contract term shall restrict the rights guaranteed to the Consumer by law.

1.7. A purchase made by a Consumer in the Shop is a distance contract. Before confirming the order, the Buyer is made aware of these Terms and of the conditions applicable to the purchase in question.

1.8. Information on the processing of the Buyer’s personal data is available in a separate document, the Privacy Policy. Personal data are processed for the fulfilment of the order on an appropriate legal basis, and such processing does not require general consent merely because a purchase is being made.

1.9. If the Buyer is located outside Latvia, the mandatory consumer protection rules of the country concerned also apply, insofar as they relate to the specific transaction.

1.10. The Seller is entitled to update these Terms. Amendments shall not worsen the terms of contracts already concluded without an appropriate legal basis or the agreement of the Parties.

2.1. For each product offered in the Shop, its name, description, main characteristics and other information necessary for making an informed purchasing decision are stated.

2.2. Product images are for illustration purposes only. Actual colour reproduction may differ slightly depending on the screen settings of the device, the material of the product, its surface properties and the printing technology.

Such differences are acceptable only insofar as they are not inconsistent with the information provided to the Buyer, the agreed characteristics of the product and the quality requirements laid down in legislation.

2.3. Some product descriptions, specifications, prices and availability information are received from manufacturers and partners via integrated electronic data interchange systems (API).

2.4. Product availability and prices may be updated in line with the data received. Such updating of information does not in itself entitle the Seller to unilaterally amend the essential terms of a contract already concluded.

2.5. All prices in the Shop are stated in euro (EUR). The Seller’s VAT status and the applicable taxes are determined in accordance with the legislation applicable to the transaction in question. Before confirming the order, the Buyer is shown the final amount payable, including applicable taxes and delivery costs.

2.6. The delivery charge depends on the weight, size and volume of the goods, the place of delivery and the delivery method chosen.

The indicative delivery charge shown in the Shop may differ from the delivery charge calculated for a specific order. The exact charge is shown before the order is confirmed. Where it is objectively impossible to calculate it in advance, the Buyer is clearly informed of any possible additional charges and the manner in which they are calculated.

2.7. The Seller reserves the right to change product prices until the order is confirmed. Once the contract has been concluded, the Seller may not unilaterally increase the agreed price, except in cases provided for in legislation or by lawful agreement of the Parties.

2.8. If an obvious technical error is identified in a product description, price or availability, the Seller will contact the Buyer to clarify the situation and offer an appropriate solution. Any amendment or cancellation of the order takes place in accordance with applicable law.

2.9. The production costs of Personalised products, the minimum order quantity, the printing technology, the preparation time and other individual conditions are, where necessary, agreed with the Buyer before the order is confirmed.

3.1. The Buyer selects goods available in the Shop and adds them to the shopping cart.

3.2. When placing the order, the Buyer provides the information necessary to process and deliver the order, including their first name and surname or company name, contact details, billing and delivery address or the chosen parcel locker.

3.3. The Buyer is responsible for the accuracy of the information provided when placing the order. If an error is discovered, the Buyer is advised to inform the Seller as soon as possible.

3.4. Before confirming the order, the Buyer is given the opportunity to check the list of goods ordered, the quantity, the price, the delivery costs and the total amount payable, and to correct the data entered.

3.5. Before confirming the order, the Buyer ticks a box confirming that they have read the Terms of Use and the conditions applicable to the relevant category of buyers.

3.6. If the order contains goods made to the Buyer’s individual specifications or clearly personalised, before paying for the order the Buyer must additionally tick a separate checkbox with the following confirmation:

“I confirm that I have been informed that, in accordance with sub-paragraph 22.3 of Cabinet of Ministers Regulation No. 255, the 14-day right of withdrawal does not apply to goods made to my individual specifications or clearly personalised. This restriction does not affect my statutory right to bring a claim for lack of conformity of the goods with the contract.”

This confirmation applies only to goods to which the said exception from the right of withdrawal actually applies.

3.7. If the order contains Personalised products, the Buyer must provide precise personalisation information, including the necessary texts, images, logos, colours, sizes and other production instructions.

3.8. If the Seller prepares a proof for approval, the Buyer must, before approving it, check the information shown in the proof, its accuracy, placement and layout.

3.9. By approving the proof, the Buyer confirms that it corresponds to the individual specifications they have provided and is approved for production.

3.10. If, after approving the proof, the Buyer wishes to change the design, text or other individually agreed information, the possibility of making changes is assessed according to the stage of fulfilment of the order and the technical possibilities.

Once production has started, changes may not be possible. Changes and any additional costs are agreed separately.

3.11. The Seller is not liable for content errors submitted by the Buyer or expressly approved by the Buyer, provided that the product has been made in accordance with the agreed specifications and otherwise conforms to the contract.

3.12. Intellectual property rights and use of submitted materials

3.12.1. Logos, trade marks, designs, images, texts and other materials protected by intellectual property rights submitted by the Buyer remain the property of the respective rights holders. The submission of such materials to the Seller shall not be deemed an alienation or transfer of intellectual property rights to SIA KONDA.

3.12.2. The person who places the order and submits logos, trade marks, designs or other intellectual property to the Seller assumes responsibility for the lawfulness of their use within the scope of the specific order. That person is responsible for the truthfulness of the instructions and information they provide, and for securing the necessary rights and authorisation.

If the order is placed on behalf of another natural or legal person, the person placing the order must be entitled to represent that person and to order products bearing the submitted materials. A lack of authorisation does not in itself entitle the person placing the order to demand the cancellation of order obligations that have already lawfully arisen or of the costs of individual production.

The Seller is entitled to request from the person placing the order evidence of their right of representation or of the legal basis for using the submitted materials, and to suspend or refuse fulfilment of the order if there is reasonable suspicion of an infringement of third-party rights.

If third parties bring claims against the Seller because the use of the materials was unlawful, because false information was provided or because the person acted without the necessary authorisation, the person placing the order is liable for proven losses caused to the Seller as a result of their unlawful conduct, in accordance with applicable legislation. This provision does not restrict the rights of third parties and does not release the Seller from its own liability where such liability is provided for by law.

3.12.3. The Buyer grants the Seller non-exclusive rights to use the materials, limited to the extent necessary to fulfil the specific order, insofar as the Buyer is entitled to grant such permission. These rights include the technical preparation, reproduction and adaptation of the materials to the agreed printing technology, the preparation of proofs and the production of the goods.

No separate additional remuneration is payable for such use unless the Parties have agreed otherwise.

3.12.4. The Seller is entitled to pass the materials necessary for fulfilling the order to the relevant manufacturers, printing service providers or other partners involved in fulfilling the order, ensuring that the materials are used only for the purposes of fulfilling the order in question and to the extent permitted by law.

3.12.5. The Seller undertakes not to use logos, trade marks, designs and other protected materials submitted by the Buyer for commercial, advertising or marketing purposes unrelated to the fulfilment of the specific order without separate permission from the rights holder or a duly authorised person.

3.12.6. The Seller is not entitled to arbitrarily alter the essential visual characteristics of a submitted logo, trade mark or design, except for technical adjustments necessary to fulfil the agreed order and consistent with the Buyer’s instructions.

3.12.7. After the order has been fulfilled, the submitted materials are not used for other commercial purposes without an appropriate legal basis. Copies of the materials may be retained only to the extent and for the period necessary to document the order, handle possible claims, protect legitimate interests or comply with obligations laid down in legislation.

3.12.8. Placing an order without the necessary authorisation

If, after the order has been placed, it is established that a person acted on behalf of another person or company without the necessary authorisation, this circumstance does not in itself cancel the liability of the person placing the order for their own unlawful conduct and does not give an automatic right to demand that the Seller refund individual production costs that have already lawfully arisen. The validity of the obligations and compensation for losses are determined in accordance with applicable legislation.

In such a case, the Seller is entitled to suspend further fulfilment of the order until the circumstances have been clarified and to consider its right to claim compensation for proven losses from the person whose unlawful conduct or false information caused those losses.

The extent of the obligations of the person and company concerned is determined in accordance with applicable legislation, taking into account the contract actually concluded, the rights of representation and other circumstances of the case.

This clause does not restrict the Consumer’s statutory rights and does not release the Seller from liability for infringements it has itself committed.

3.13. Publication of partners’ logos

3.13.1. SIA KONDA may display partners’ logos on the website www.kondabaltic.lv in the “Partners” section only after obtaining prior permission from the holder of the rights to the logo concerned or a duly authorised representative.

3.13.2. Permission may initially be agreed orally or in writing. Before publishing the logo, the Seller ensures that the permission is documented in the form provided for in legislation, including, where permissible, in the form of electronic correspondence.

3.13.3. Permission to display a logo on the KONDA website shall not be deemed a transfer of intellectual property rights. It is limited to the specifically agreed purpose, place, manner and period of use.

3.13.4. Displaying a logo in the partners section does not entitle the Seller to use it in other advertising materials, on social networks or in paid advertising campaigns without separate permission.

3.13.5. If the permission to use a logo ends, or another legal basis for publishing it no longer exists, the Seller shall cease public use of the logo concerned without undue delay.

3.13.6. Displaying a logo on the website must not create a misleading impression of the nature or extent of the cooperation, or of any special endorsement or recommendation by the partner, where none has actually been given.

3.14. After the order has been confirmed and payment has been successfully made, an order confirmation is sent to the Buyer at the e-mail address provided. The purchase contract is deemed concluded at the moment the Seller has confirmed acceptance of the order.

3.15. After the distance contract has been concluded, the Seller provides the Buyer, within the period laid down in legislation, with confirmation of the contract on a durable medium. If the mandatory pre-contractual information has not previously been provided in this way, it is included in the confirmation of the contract in accordance with paragraph 17 of Cabinet of Ministers Regulation No. 255.

4.1. All payments in the Shop are made in euro (EUR).

4.2. The Buyer may pay using the available payment methods, including bank payment or payment card (Visa, Mastercard), in accordance with the options shown in the payment section of the Shop.

4.3. Payments are processed by the payment service platform MakeCommerce (Maksekeskus AS) and the relevant payment systems.

4.4. The Seller does not store the Buyer’s full payment card details. Payment data are processed only to the extent necessary to process the transaction, confirm the payment status, make refunds and comply with obligations laid down in legislation.

4.5. Before payment, the Buyer is shown the total amount payable, including applicable taxes and delivery costs, or the information required by legislation regarding costs that cannot yet objectively be determined precisely.

4.5.1. The order confirmation button clearly and unambiguously indicates that the order entails an obligation to pay, in accordance with paragraph 13 of Cabinet of Ministers Regulation No. 255.

4.6. If the order includes individually printed or clearly personalised goods, before payment the Buyer must tick the confirmation referred to in clause 3.6 of these Terms that they have been informed of the exception from the right of withdrawal.

4.7. Ticking the box concerning the exception from the right of withdrawal for Personalised products does not replace the Buyer’s approval of the specific print proof, where such approval is provided for in the order fulfilment process.

4.8. If payment has not been successfully completed, fulfilment of the order does not begin, unless the Seller and the Buyer have agreed on a different payment procedure.

4.9. After accepting the order, the Seller ensures that a document evidencing the purchase is issued in accordance with the procedure laid down in legislation.

5.1. General delivery terms

5.1.1. KONDA delivers goods within Latvia only.

5.1.2. The delivery method and charge depend on the availability of the goods, the place of dispatch, the delivery destination, and the size, weight and volume of the goods.

5.1.3. Detailed delivery terms are available in the Delivery section of the Shop.

5.2. Goods from the KONDA warehouse in Latvia

5.2.1. Goods are delivered to the Omniva or DPD parcel locker chosen by the Buyer in Latvia, where the size, weight and volume of the goods ordered and the technical limitations of the parcel locker allow.

5.2.2. If delivery to a parcel locker is not possible, a suitable courier service is offered.

5.2.3. The indicative delivery charge within Latvia is ≈ €6.99.

5.2.4. For orders from €200.00, delivery within Latvia is free of charge.

5.2.5. Preparation of an order usually takes 2–5 working days. The carrier then usually delivers the parcel within 1–3 working days.

5.2.6. For Personalised products, the preparation time is agreed individually.

5.3. Goods from the manufacturer

5.3.1. Some goods are dispatched directly from the manufacturer to the delivery address provided by the Buyer.

5.3.2. Such shipments are arranged as part of KONDA’s fulfilment of the order. The shipping documents do not include the manufacturer’s commercial prices, except for information and documents that must be stated under applicable legislation.

5.3.3. Delivery to an address in Latvia costs approximately ≈ €6.99.

5.3.4. For orders from €200.00, delivery within Latvia is free of charge.

5.4. Separate shipments

5.4.1. If a single order contains both goods from the manufacturer, including goods with individual printing, and goods from the KONDA warehouse in Latvia, they may be delivered in separate shipments.

5.4.2. Delivery to a parcel locker is available for goods from the KONDA warehouse in Latvia, where the size, weight and volume of the goods and the technical limitations of the chosen parcel locker allow.

5.4.3. If parcel locker delivery is not possible, delivery is provided by a suitable courier service.

5.5. Delivery times

5.5.1. The delivery time depends on the availability of the goods, the personalisation required and the production time.

5.5.2. Unless the Buyer and the Seller have agreed on a different period, goods are delivered in accordance with Section 30 of the Consumer Rights Protection Law — without undue delay, but no later than 30 days after the conclusion of the contract.

5.5.3. For goods made to individual specifications or Personalised products, the Parties may expressly agree on a longer fulfilment period.

5.5.4. If the delivery time is not met, the Buyer retains the rights provided for in legislation to request delivery within an additional period or, where applicable, to withdraw from the contract.

5.6. Receipt of the shipment and damage

5.6.1. On receiving the shipment, the Buyer is advised to check its external condition, the quantity of goods, their completeness and their conformity with the order.

5.6.2. If the packaging of the shipment is damaged, the Buyer is invited, where possible, to record the damage with photographs before opening the packaging.

5.6.3. If the product is damaged, incorrectly printed, incomplete or otherwise does not correspond to the order, the Buyer is invited to inform the Seller without undue delay by e-mail at info@kondabaltic.lv.

5.6.4. To allow the claim to be assessed, the Buyer is advised to state the order number and a description of the lack of conformity, and to attach photographs or other evidence, if available.

5.6.5. Submitting photographs makes it easier to assess the claim, but failure to submit them cannot in itself be grounds for refusing the Consumer’s statutory rights.

5.6.6. If a lack of conformity for which the Seller is responsible is established, it is resolved in accordance with Section 7 of these Terms and applicable legislation.

6.1. The Consumer’s right of withdrawal

6.1.1. In accordance with Section 12 of the Consumer Rights Protection Law and paragraph 19 of Cabinet of Ministers Regulation No. 255, the Consumer is entitled to withdraw from the distance contract within 14 calendar days without giving any reason, except in the cases excepted by legislation.

6.1.2. When purchasing a Standard product, the withdrawal period is counted from the day on which the Consumer, or a third party other than the carrier indicated by the Consumer, has received the product.

6.1.3. If a single order contains several products delivered separately, the withdrawal period is counted from the day of receipt of the last product, in accordance with sub-paragraph 19.3 of Cabinet Regulation No. 255.

6.1.4. To exercise the right of withdrawal, the Consumer is not required to state the reason why they do not wish to keep the product.

6.1.5. The right of withdrawal applies to Standard products regardless of whether they are delivered from the KONDA warehouse in Latvia or directly from the manufacturer, unless an exception laid down in legislation applies to the product concerned.

6.2. Exceptions from the right of withdrawal for Personalised products

6.2.1. In accordance with sub-paragraph 22.3 of Cabinet of Ministers Regulation No. 255, the Consumer may not exercise the 14-day right of withdrawal in respect of a product made to the Consumer’s individual specifications or clearly personalised.

6.2.2. This exception applies, for example, to goods bearing an individually ordered company logo, name, text, image, specially agreed design or other individually specified production characteristics, where the specific item falls within the exception provided for in law.

6.2.3. Such goods are not taken back merely because:

• the Buyer has changed their mind and no longer wants the product;
• the ordered product is no longer needed;
• the Buyer is not satisfied with the text, logo or design they themselves chose and approved;
• the Buyer wishes to change the individually agreed design after the product has been made;
• the Buyer is subjectively dissatisfied with a design that fully corresponds to the previously approved proof and the terms of the contract.

6.2.4. If the product has been made exactly in accordance with the information submitted by the Buyer or the approved proof and meets the quality requirements laid down in the contract, a later subjective wish or change of taste on the part of the Buyer does not in itself give rise to a right to demand the return of the product.

6.2.5. Approval of an individual proof does not in itself exclude the right of withdrawal for a Standard product, where sub-paragraph 22.3 of Cabinet Regulation No. 255 or another exception provided for by law does not apply to the product concerned.

6.2.6. The restrictions provided for in this clause do not apply to goods with defects, incorrect printing, damage or other lack of conformity with the terms of the contract.

6.3. Withdrawal form

6.3.1. In accordance with sub-paragraph 5.10 of Cabinet of Ministers Regulation No. 255 and Part B of its Annex, the “Returns” section of the Shop provides a Withdrawal form.

6.3.2. The Consumer may download the Withdrawal form available on the website, complete it electronically and send it to info@kondabaltic.lv. Use of the Withdrawal form is not mandatory; any other unambiguous statement of withdrawal is also acceptable.

6.3.3. When submitting a notice of withdrawal, the Consumer is not required to state the reason for withdrawal if exercising the right of withdrawal provided for by law.

6.3.4. To exercise the right of withdrawal, the Consumer may send an unambiguous statement to info@kondabaltic.lv or use the online “Withdraw from the contract” function available in the Shop in accordance with clause 6.4 of these Terms.

6.4. Electronic withdrawal function

6.4.1. In accordance with paragraphs 25.¹–25.⁷ of Chapter III¹ of Cabinet of Ministers Regulation No. 255 “Regulations Regarding Distance Contracts”, the website kondabaltic.lv provides an electronic “Withdraw from the contract” function, which enables the Consumer to submit a notice of withdrawal from the distance contract electronically in the cases provided for in legislation.

6.4.2. The withdrawal function is easy to find and available to the Consumer throughout the withdrawal period provided for in legislation.

6.4.3. Using the electronic withdrawal function, the Consumer may submit a notice of withdrawal stating:

• their first name and surname;
• information identifying the purchase contract or order concerned;
• electronic contact details for sending the acknowledgement of receipt of the withdrawal.

6.4.4. In the electronic form, the Consumer is given the opportunity to check the information entered and to submit the notice using the “Confirm withdrawal” function.

6.4.5. After the electronic withdrawal has been confirmed, the Seller sends the Consumer, without undue delay, an acknowledgement on a durable medium, for example by e-mail, stating the content of the withdrawal submitted and its date and time.

6.4.6. A notice of withdrawal is deemed submitted in time if it is sent before the end of the withdrawal period laid down in legislation.

6.4.7. An acknowledgement of receipt of an electronic notice of withdrawal does not limit the Seller’s right to assess whether the right of withdrawal applies to the specific purchase and whether an exception laid down in legislation applies.

6.5. Information about the right of withdrawal

6.5.1. Before the distance contract is concluded, the Seller provides the Consumer with information on the conditions, time limit and procedure for exercising the right of withdrawal, the withdrawal form and, where applicable, the existence and location of the electronic withdrawal function, in accordance with sub-paragraph 5.10 of Cabinet Regulation No. 255.

6.5.2. If the Consumer has not been duly provided with the information referred to in sub-paragraph 5.10 of Cabinet Regulation No. 255, the requirements for extending the withdrawal period laid down in paragraphs 20 and 21 of that Regulation apply.

6.5.3. If the information has not been provided, in the cases laid down in legislation the Consumer may be entitled to exercise the right of withdrawal within one year from the end of the original withdrawal period.

6.5.4. This extension of the period does not in itself create a right of withdrawal for goods to which, under paragraph 22 of Cabinet Regulation No. 255, the right of withdrawal does not apply.

6.6. Return of Standard products

6.6.1. The Consumer sends back or hands over the product being returned to the Seller without undue delay, and in any event no later than 14 days after sending the notice of exercising the right of withdrawal.

6.6.2. The product being returned must be properly packed to prevent damage during transport.

6.6.3. The Consumer is advised to keep the original packaging; however, its absence is not in itself grounds for denying the right of withdrawal.

6.6.4. The Consumer is liable for any diminished value of the product if it has been handled beyond what is necessary to establish its nature, characteristics and functioning.

6.6.5. The Consumer bears the direct costs of returning the goods in accordance with clause 6.6.7 of these Terms and applicable legislation.

6.6.6. Place of return. Goods are to be returned to the relevant manufacturer indicated by the Seller in one of the Member States of the European Union. The Seller communicates the specific address and shipping instructions without undue delay after receiving the notice of withdrawal, so that the Consumer can comply with the return period provided for by law. In exceptional cases, the Seller may offer a different place of return, informing the Consumer individually.

6.6.7. Costs of transporting returned goods. In accordance with Section 12, Paragraph nine of the Consumer Rights Protection Law and sub-paragraph 5.11 of Cabinet of Ministers Regulation No. 255, a Consumer exercising the right of withdrawal in respect of goods to which that right applies bears the actual direct costs necessary to send the goods back to the place of return specified in clause 6.6.6 of these Terms, except in the cases laid down by law.

6.7. Refunds

6.7.1. Where the Consumer lawfully exercises the right of withdrawal in respect of the entire order, the Seller refunds the amount of money paid for the goods, including the original standard delivery costs, in accordance with Section 12, Paragraph six of the Consumer Rights Protection Law.

6.7.2. In accordance with Section 12, Paragraph seven of the Consumer Rights Protection Law, if the Consumer has chosen a delivery method more expensive than the least expensive standard delivery method offered by the Seller, the Seller refunds delivery costs only up to the amount of the least expensive standard delivery method offered. Supplementary delivery costs are not reimbursed.

6.7.3. The refund is made without undue delay, and in any event no later than 14 days from receipt of the notice of withdrawal. In accordance with Section 12, Paragraph eight of that Law, the Seller may withhold the refund until it has received the goods back or until the Consumer has supplied evidence of having sent back the goods, whichever is the earlier, unless the Seller has offered to collect the goods itself.

6.7.4. The refund is made using the original means of payment, unless the Parties have expressly agreed otherwise and this does not cause the Consumer any additional costs.

6.7.5. The direct costs of sending the goods back are borne by the Consumer in accordance with clause 6.6.7 of these Terms and applicable legislation.

6.7.6. If the Consumer exercises the right of withdrawal in respect of only part of the order, the Seller refunds the amount paid for the goods concerned. Whether, and to what extent, the original delivery costs are to be refunded is determined taking into account the circumstances of the specific order and the requirements of applicable legislation.

6.8. Business orders

6.8.1. The 14-day right of withdrawal provided for Consumers does not apply to orders placed for the purposes of business or professional activity.

6.8.2. The procedure for placing, fulfilling and cancelling business orders and for exchanging and returning goods is governed by these Terms of Use, the Terms for businesses, the contract terms individually agreed by the Parties and applicable legislation.

6.8.3. The return of goods of satisfactory quality or the cancellation of an order after the contract has been concluded is possible in accordance with the relevant contract terms or a separate agreement between the Parties, as well as in the cases provided for in legislation.

6.8.4. Cancellation of orders for goods made to individual specifications or printed goods after production has started is permitted only with the Seller’s consent, unless applicable legislation or an agreement between the Parties provides otherwise.

6.8.5. These conditions do not limit the Business buyer’s right to bring justified claims for lack of conformity of the goods with the terms of the contract in accordance with applicable legislation and the agreement of the Parties.

7.1. The Seller’s liability

7.1.1. The Seller is liable for the conformity of the goods sold with the terms of the contract and ensures the rights provided to the Consumer by legislation.

7.1.2. In accordance with Section 27 of the Consumer Rights Protection Law, the Consumer is entitled to bring a claim for lack of conformity of the goods with the terms of the contract within two years from the day of delivery of the goods.

7.1.3. The Consumer must submit the claim within the period provided for by law after discovering the lack of conformity, observing the two-month period for bringing a claim laid down in Section 27 of the Consumer Rights Protection Law.

7.1.4. The Seller’s liability for the conformity of the goods does not depend on whether the goods were dispatched from the KONDA warehouse in Latvia or directly from the manufacturer.

7.1.5. Claims by Business buyers for lack of conformity of the goods with the terms of the contract are assessed in accordance with the Civil Law, where applicable the Commercial Law, the Terms for businesses and the contract terms individually agreed by the Parties. The special legal rules provided for Consumers do not apply to business purchases, except in the cases laid down in legislation.

7.2. Cases of lack of conformity

7.2.1. Depending on the circumstances of the specific transaction, the following may be regarded as a lack of conformity of the goods with the contract:

• manufacturing defects;
• mechanical damage for which the Seller is liable under legislation;
• delivery of the wrong product model, size, colour or set of components;
• a material discrepancy with the product description or the agreed specification;
• incorrectly executed individual printing;
• printing that does not correspond to the proof approved by the Buyer;
• other defects as a result of which the product does not conform to the terms of the contract or the requirements laid down in legislation.

7.3. Assessment of individual printing

7.3.1. The conformity of individually printed goods is assessed taking into account the order specification, the instructions provided by the Buyer, the approved proof, the agreed printing technology and the terms of the contract.

7.3.2. If the product corresponds to the approved proof and the agreed quality requirements, the Buyer’s subjective dissatisfaction with the design they themselves chose shall not in itself be regarded as a lack of conformity of the product.

7.3.3. If the printing differs materially from the approved proof or has quality defects for which the Seller is liable, the Buyer retains the rights laid down in applicable legislation.

7.3.4. Minor technological differences are acceptable only if they correspond to the specification agreed before the order, reasonable quality requirements and applicable legislation. A material lack of conformity with the contract cannot be justified by a general reference to the printing technology.

7.4. Submitting a claim

7.4.1. If a lack of conformity of the product is discovered, the Buyer may submit a claim by sending it to info@kondabaltic.lv.

7.4.2. To enable the claim to be assessed as quickly as possible, the Buyer is invited to state:

• their first name and surname or company name;
• the order number;
• the name of the product and a description of the lack of conformity identified;
• photographs or other evidence, if available;
• the preferred solution to the problem.

7.4.3. The Seller may request additional information, or ask for the product to be presented or handed over for inspection, where this is necessary and proportionate to establish the nature and cause of the lack of conformity.

7.4.4. The request to attach photographs is intended to make the assessment of the claim easier and does not remove the Consumer’s right to bring a claim even where photographs are objectively unavailable.

7.5. Remedying a lack of conformity

7.5.1. If a lack of conformity of the product with the contract is established, the Consumer is entitled to demand that it be remedied in accordance with Section 28 of the Consumer Rights Protection Law.

7.5.2. In the first instance, the Consumer is entitled to demand that the lack of conformity be remedied free of charge or that the product be replaced, except where the chosen remedy is impossible or disproportionate.

7.5.3. In the cases provided for in legislation, the Consumer is entitled to demand an appropriate price reduction or termination of the contract and a refund of the money paid.

7.5.4. Remedying the lack of conformity of the product or replacing it is carried out free of charge for the Consumer, including covering the necessary delivery costs and other costs related to remedying the lack of conformity to the extent provided for in legislation.

7.5.5. The fact that a product is personalised is not in itself grounds for refusing to remedy a lack of conformity or for refusing the Consumer other rights provided for by law.

7.6. Limitations of liability

7.6.1. The Seller is not liable for damage to the product resulting from improper use by the Buyer, inappropriate storage, unauthorised modifications or other circumstances attributable to the Buyer, where the Seller is not liable for them under legislation.

7.6.2. The Seller is not liable for errors in the content of an individual design that were made by the Buyer and not caused by the Seller, where the product has been made in accordance with the instructions agreed by the Buyer.

7.6.3. These conditions do not limit the Seller’s liability for a lack of conformity that existed at the time the product was delivered, or any other liability provided for in legislation.

7.7. Time limit for handling complaints

7.7.1. Written submissions by Consumers are handled in accordance with Section 26.¹ of the Consumer Rights Protection Law.

7.7.2. The Seller provides a written reply within 15 working days of receiving the Consumer’s written submission, if no agreement has been reached within that time on satisfying the claim or on another suitable solution.

7.7.3. If, for objective reasons, it is not possible to reply within that period, the Seller informs the Consumer of the reasons for the delay and of a justified additional period.

7.7.4. If the claim is rejected, the Seller provides the reasons for doing so.

8.1. The Seller processes the Buyer’s personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (General Data Protection Regulation, GDPR) and other applicable legislation.

8.2. Personal data are processed only for specific and lawful purposes, including:

• placing and fulfilling orders;
• processing payments;
• preparing invoices and other mandatory documents;
• producing and personalising goods;
• arranging delivery;
• communicating with the Buyer;
• handling notices of withdrawal and complaints;
• complying with legal and accounting obligations.

8.3. The Seller observes the principle of data minimisation, processing only personal data that are adequate and necessary for the relevant purpose of processing.

8.4. Data necessary for fulfilling the order may be passed on to payment service providers, carriers, the relevant manufacturers, IT service providers and other partners only to the extent justified by law.

8.5. If personal data are transferred to recipients outside the European Economic Area, the Seller ensures compliance with the applicable data protection requirements.

8.6. Personal data are not used for marketing unrelated to the fulfilment of the order without an appropriate legal basis.

8.7. More detailed information on the legal bases for processing, retention periods, recipients, data subjects’ rights and contacting the Seller on data protection matters is available in the Shop’s Privacy Policy.

9.1. The Seller and the Buyer shall first seek to resolve disputes arising from purchase contracts concluded in the Shop through mutual negotiation and written correspondence.

9.2. These Terms and the contractual relationships related to them are governed by the laws of the Republic of Latvia, subject to the rules of European Union and international private law.

9.3. If the Consumer is habitually resident in another Member State of the European Union, the choice of Latvian law does not deprive them of the mandatory consumer protection rights that, in the case concerned, derive from the legislation of their country of habitual residence.

9.4. The law applicable to cross-border contractual relationships is determined in accordance with Regulation (EC) No 593/2008 of the European Parliament and of the Council (Rome I), including Article 6 thereof on consumer contracts.

9.5. Jurisdiction over cross-border disputes within the European Union is determined in accordance with Regulation (EU) No 1215/2012 of the European Parliament and of the Council, including Articles 17–19 thereof on jurisdiction over consumer contracts.

9.6. In the cases provided for in legislation, the Consumer is entitled to bring proceedings against the Seller before the competent court of the Republic of Latvia or the competent court of the country of their domicile.

9.7. The Seller is entitled to apply to the competent court to protect its rights, subject to the applicable rules on jurisdiction. Where the consumer jurisdiction rules of Regulation (EU) No 1215/2012 apply to the dispute concerned, proceedings by the Seller against the Consumer must be brought in accordance with Article 18 of that Regulation.

9.8. Disputes with Business buyers, insofar as applicable law and agreements concluded between the Parties permit, are to be heard by the competent courts of the Republic of Latvia, unless the Parties have agreed in writing on another legally permissible jurisdiction.

9.9. If the Consumer is unable to resolve a dispute with the Seller, they are entitled to apply to the Consumer Rights Protection Centre (PTAC, www.ptac.gov.lv), a competent out-of-court dispute resolution body or a court in accordance with applicable legislation.

9.10. Foreign Consumers retain the rights provided for in the relevant legislation to use the consumer protection and dispute resolution options available in their own country.

SIA KONDA

Registration No.: 40103877618

Registered address: Alejas iela 9, Spilve, Babītes pagasts, Mārupes novads, LV-2101, Latvia

Telephone: +371 27503039

E-mail: info@kondabaltic.lv

Website: www.kondabaltic.lv

These Terms have been prepared taking into account:

• the Consumer Rights Protection Law of the Republic of Latvia;
• Cabinet of Ministers Regulation No. 255 of 20 May 2014 “Regulations Regarding Distance Contracts” (as in force);
• Directive 2011/83/EU of the European Parliament and of the Council on consumer rights;
• Regulation (EU) No 1215/2012 of the European Parliament and of the Council on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters;
• Regulation (EC) No 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations (Rome I);
• Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR);
• other applicable legislation of the Republic of Latvia and the European Union.