Terms of use of the online store smartfeet.health
1. TERMS USED
The terms used in the text of these Regulations have the following meanings:
1.1. Registration - acceptance of the Online Store Terms, creation of your account with all Access data, transfer of your personal data for storage in the Company's online store.
1.2. Right of Withdrawal - Your right to withdraw from the Product you have ordered and received within the specified term, if there are no obstacles, by returning it to the Company and receiving back the price you have paid.
1.3. Online store - Public online store smartfeet.health.
1.4. Use of the Online Store - use of any functions of the Online Store, including shopping and posting comments in the Online Store. For the purposes of the Terms and Conditions, visiting the Online Store only in viewing mode without using any functions of the Online Store is not considered to be using the Online Store.
1.5. Customer, You - You, as a customer of the Company, who visits, uses or has used the Online Store and who has his / her own Customer account.
1.6, the User Account contains the Customer's profile with the shopping history.
1.7. Customer Cart - a set of items selected for one purchase.
1.8. Online Store Terms - these Online Store Terms.
1.9. Access Data - data for access to your Online Store user account (username and password).
1.10. Privacy policy - Compliance with the General Data Protection Regulation (GPDR).
1.11. Goods - goods offered by the Company in the Online Store.
1.12. The company, we - SIA "Semper sole", a legal entity registered in the Republic of Latvia, registration number LV40103419137. You can find our contact information in the contacts section of the online store.
2. BASIC RULES
2.1. Meaning of Online Store Terms
2.1.1. The Online Store Regulations regulate the relationship between the Customer and the Company, determine how you as a Customer can shop in the Online Store and other issues related to shopping in the Online Store and using the Online Store.
2.1.2. In addition to the Online Store Terms, the relationship between you and the Company is governed by the Privacy Policy as well as applicable law.
2.2. Acceptance of all terms and conditions of the Online Store Terms
2.2.1. In order to use the Online Store, except for visiting the Online Store without using any other functions of the Online Store, you must accept the Online Store Terms. You can only accept the Online Store Terms in full, without any reservations or exceptions. By using the Online Store, you accept the Online Store Terms (you agree to the Terms) in full, without any reservations or exceptions.
2.2.2 .. If you do not accept the Online Store Terms, you will be denied the next steps of registration upon registration.
2.2.3. If you do not agree to the Terms or any individual provision thereof, you must immediately stop using the Online Store.
2.3. Amendment of the rules
2.3.1. We may amend the Online Store Terms at any time, including accepting completely new terms in place of the existing Online Store Terms. We will place a notice of this nature in the Online Store regarding the amendment of the Online Store Terms.
2.6. The current version of the Online Store Terms is located in the Online Store. You must use the version of the Online Store Terms available in the Online Store.
3. BASIC PRINCIPLES OF USING A COMPUTER NETWORK ON THE INTERNET
3.1. To use the online store, you need a connection to a computer network on the Internet. There may be a charge for using hardware and / or software and / or for connecting to an Internet computer network. You are responsible for paying such fees.
3.2. Using the Online Store may involve the transmission of information over multiple computer networks, possibly in different countries. This process may be beyond our or your reasonable control.
3.3. The transmission of information inevitably involves the risk that the information may be intercepted by third parties, corrupted, infected with computer viruses or other harmful code. You acknowledge and accept this risk and undertake not to make any claims against Us in this regard.
4. PROTECTION OF PERSONAL DATA
4.1. The Company processes your personal data for the operation of the online store. The rules on the processing of personal data are in line with the General Data Protection Regulation (GDPR)
4.2. Personal data is used only for online shopping purposes.
4.3. if the Customer, User, deletes your profile, then the Online Store stores personal data for 5 (pieces) years and then deletes them.
5. ONLINE STORE
General terms and conditions of online store operation
5.1. We do not guarantee that the Online Store will be available online for a certain period of time.
5.2. We may make any changes to the Online Store, its functions, design and content, as well as suspend or terminate its operation at any time without prior notice to Customers.
5.3. The Online Store uses Cookies (hereinafter referred to as COOKIES) - small pieces of information that the browser stores on your computer when you visit our website. We use COOKIES on our site.
6. TERRITORY OF INTERNET STORE
6.1. The online store is available only to Customers located in the European Economic Area (European Union and European Free Trade Association).
6.2. You can choose the place of delivery or receipt of the Goods only in the territory of the European Economic Area (European Union and European Free Trade Association).
7. ONLINE STORE REGISTRATION. USER ACCOUNT
7.1. You must register to shop in the Online Store. When registering in the Online Store, your user account and Access Data are created for you.
8. RECEIPT OF NEWS
8.1. You may choose to receive news and announcements about the Goods, the Online Store and other news by e-mail, text messages (if such option is supported) or in any other way (if such option is supported).
8.2. If you have chosen to receive our news and announcements, you may unsubscribe at any time:
8.2.1. In the case of e-mail - by using the relevant function of the Online Store (if such option is supported) or by pressing the appropriate button, which is available in each of our e-mails that you received because you chose to receive our news and notifications;
8.2.2. in the case of other types of notification - using the relevant function of the Online Store.
9. SALE
9.1.Products
9.1.1. The goods, their price and their description are indicated in the Online Store.
9.1.2. All Products are new and free of defects.
9.1.3. All prices include value added tax.
9.1.4. We do not guarantee the actual availability of all the Goods listed in the Online Store, as well as the availability of the Goods in a certain quantity. This means that you may not be able to order a particular Product or order a certain quantity.
9.1.5. We may change the product range, price and features at any time and we will not notify you of such changes. To see the current Assortment of Goods and prices, you need to look in the Online Store.
9.1.6. You must remember that the amount of money you will have to pay for ordering the Goods consists of:
9.1.6.1 the total price of the ordered Goods;
9.1.6.2. fee for delivery of Goods;
9.1.6.3. The fee charged by your payment service provider.
9.1.7. We can provide that for orders above a certain amount, the delivery fee for the Goods will be canceled. We may at any time change, including raising, the previous threshold for waiving the charge for the delivery of the Goods, restrict the waiver to addresses in a particular delivery area, provide for zoning with different thresholds, or waive this option altogether.
9.1.8. In each case, you will be able to see the total amount you will have to pay for the ordered Goods before confirming the order.
9.2. Each sale that you have initiated by ordering the Goods is a Sale-Purchase Agreement between the Online Store and you.
10. ORDERING
10.1. Ordering the Goods takes place by selecting the Goods for you, choosing the type of delivery and entering the information specified in the Online Store, as well as performing other activities provided for in the Online Store.
11. PAYMENT
11.1. To complete the ordering of the Goods, you must pay for the ordered Goods. After payment for the Goods, your order is considered completed and is processed.
11.2 Specific payment methods may change. We can opt out of any existing payment methods, as well as introduce new payment methods.
11.3. In the future, We may also offer other payment methods, such as payment upon receipt of the Goods. We may make it available only to receiving addresses in a specific area, and may impose other restrictions and conditions.
11.4. We will not separately inform Customers about changes in payment methods. To see the current payment methods and payment procedure, you need to look in the Online Store.
12. DELIVERY
12.1. The online store lists the available delivery methods. In the future, we may change delivery methods and introduce new delivery methods.
12.2. After placing an order for Goods, we will process your order and deliver it for delivery according to your chosen delivery method.
12.3. Delivery can be made by our partners or by ourselves.
12.4. Usually delivery is made within 2 (two) working days from the order, if your receiving address is in Latvia. If your receiving address is outside Latvia, the delivery time is determined individually and depends on several factors (your receiving address, type of delivery, the need for the Goods to pass customs control, etc.). You should understand that the delivery time is indicative and may change for various reasons, some of which we cannot control (weather conditions, road conditions, road accidents, technical damage, etc.). In each case, we and our partners will try to ensure that delivery is made on time.
12.5. If a specific delivery is made by our partner, this partner will determine the practical aspects of the delivery (will contact you, agree on a specific delivery time, if home delivery was scheduled, etc.).
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13. CUSTOMER'S OBLIGATIONS
13.1. There are some responsibilities for using the Online Store. You may not use the Online Store, including any of its individual functions, by performing any of the following:
13.2. unlawful, immoral, discriminatory, violates the privacy or personal data of others, etc .;
13.3. creates obstacles or disturbances to the operation of the Company or the Online Store;
13.4. distributes computer viruses or other software with malicious code, regardless of the nature, form or nature of such code;
13.5. infringes on the rights and legitimate interests of our other Clients;
13.6 otherwise violates the requirements of regulatory enactments.
13.7 In communicating with the Company and our other Clients, if any, you must comply with the generally accepted terms of communication.
14. PERSONS INVOLVED
14.1 .. When using the Online Store, including when ordering, paying for and receiving the Goods, you must ensure that all persons involved by you are duly authorized to represent you. This means that these persons act on your instructions, with your knowledge and consent.
14.2. We and our partners, who are involved in the operation of the Online Store and the delivery of Goods, can trust that all persons with whom we or our partners contact or who contact us and our partners using the contact information provided by you (telephone, e-mail), or located at the address you have indicated are duly authorized to represent you. You are responsible for and agree to be bound by all actions taken by these individuals.
15. NON-TRANSFER OF ACCESS DATA TO THIRD PARTIES
15.1 .. You must ensure that your Access Data does not become available to unauthorized persons.
15.2. If you suspect that your Access Data has become available to unauthorized persons, you must notify us immediately.
15.3. We and our partners involved in the operation of the Online Store and the delivery of the Goods, unless you notify us of access to the Access Data to unauthorized persons, can rely on the fact that all actions performed using your Access Data were performed by you or authorized to represent you. You are responsible for and agree to be bound by all actions taken using your Access Data.
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16. RIGHT OF WITHDRAWAL
16.1. If you are a consumer (a natural person who orders the Goods for a purpose that is not related to your business or professional activity), you have the right to refuse the delivered Goods in certain cases, without stating the reason for refusal (Right of Withdrawal). The cases when you cannot exercise the Right of Withdrawal are indicated below (Clauses 17.12 and 17.13 of the Regulations).
16.2. Term of Exercise of the Right of Withdrawal
16.2.1. You have the right to exercise your Right of Withdrawal within 14 days of a date determined in accordance with any of the following paragraphs (only one point may apply in each case):
16.2.1.1. if one Product was ordered - from the day when you have acquired or a third party, other than the carrier and who you have indicated, has acquired possession of the Product;
16.2.1.2. if several Goods are ordered in one order, which are delivered separately - the days when you have acquired or a third party, other than the carrier and who you have indicated, has acquired possession of the last Goods;
16.2.1.3. if the Goods consisting of several lots or parts are delivered - the date on which you have acquired or a third party, other than the carrier and specified by you, has acquired possession of the last lot or part.
16.2.1.4. In order to comply with the time limit for exercising the Right of Withdrawal, it is sufficient that you send us your notice of the exercise of the Right of Withdrawal before the expiry of the right of withdrawal.
16.3. Procedure for exercising the Right of Withdrawal
16.3.1. In order to exercise the right of withdrawal, you must inform us of the decision to withdraw from the Product by means of an unambiguous notice (letter sent by post, document signed by e-mail, electronically signed document, personally submitted document). You can use the following sample opt-out form , but it is not required.
16.3.2. You must send a notice of the exercise of the Right of Withdrawal to the Company to the Company's address or e-mail address found in the contact section of the Online Store.
16.3.2. You must send the Goods back to or return to Us at our office, the address of which you can see in the contact section of the Online Store. You must do so without undue delay and in any case no later than 14 days from the date you notified us of your exercise of the Right of Withdrawal. The deadline will be met if you return the Goods before the 14-day deadline.
16.4. Consequences of exercising the right of withdrawal
16.4.1. If you cancel the ordered Product, we will refund all payments received from you, including delivery costs (except for additional costs incurred due to your choice of delivery method other than the cheapest standard delivery method we offer), without undue delay and in any In this case, no later than 14 days from the date we were informed of your decision to withdraw the Product.
16.4.2. Refunds will be made using the same means of payment you used for the original transaction, unless you have expressly agreed to do otherwise. In any case, you will not be charged for such a refund.
16.4.3. We may withhold a refund until we have received the Goods back or until you have provided us with proof that the Goods have been returned, whichever is earlier.
16.4.5. You will be required to cover the direct costs associated with returning the Product (for example, postage for returning the returned Product to Us).
16.4.6. You are only liable for the impairment of the Product if the Product has been used and not for the purpose of determining the nature, characteristics and functioning of the Product AND for other purposes.
17. CASES IN WHICH YOU CANNOT EXERCISE THE RIGHT OF WITHDRAWAL
17.12. The applicable regulatory enactment (Clause 22 of Cabinet Regulation No. 255 of 20 May 2014 “Regulations on Distance Contracts”) determines the cases when you cannot exercise the Right of Withdrawal. These cases are:
17.12.1. the consumer has opened the packaging of the product, which for health and hygiene reasons cannot be returned;
17.12.2. the product is made according to the consumer's instructions or the product is clearly personalized;
17.12.3. the product is perishable or expires soon;
17.12.4. the product is irretrievably mixed with other things after delivery due to its properties.
For example, you cannot exercise the Right of Withdrawal for creams, shampoos, masks, hair balms and similar products if you have opened the lid and, if the packaging has a protective film, torn the protective film.
17.13. If between 17.12. There are differences between the list and the provisions of the applicable laws and regulations. You must be guided by the provisions of the relevant applicable laws and regulations.
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18. INTELLECTUAL PROPERTY
18.1. All intellectual property rights (including copyright and domain name rights) to the Online Store, Online Store Program Code, Online Store Design, Online Store Content (including Product Photos), Online Store Domain Name, Company Trademark, Company Trademark, Company Company (Merchant Name) belongs to the Company, persons related to the Company or cooperation partners of the Company.
18.2. All intellectual property rights (including trademark and patent rights) in the Goods belong to their respective owners.
18.3. You may not use any of the provisions of Clause 18.1. and 18.2. of the intellectual property rights specified in paragraph, and the rights to these objects without the prior express written permission of the Company or the relevant cooperation partners of the Company.
18.4. You are not entitled to use any of the provisions of Clause 8.2 of the Terms in any way, except to the extent necessary for normal consumption. without the express prior written consent of the holders of those rights.
18.4.1. If you have doubts as to whether or not certain information related to the Online Store is the intellectual property of the Company or the Company's cooperation partners, as well as doubts as to whether the Company or the relevant Company's cooperation partner has given you the Internet Store Terms 18.3. the permission referred to in paragraph, you must follow the instructions of the Company and act in accordance with the instructions provided by the Company.
18.4.2. If you have doubts as to whether or not certain information or personalization means related to the Goods is a protected intellectual property, as well as doubts as to whether the owner of the respective intellectual property has given you Article 18.3 of the Online Store Terms. You must seek the advice of the owner of the intellectual property concerned and follow the instructions provided by the owner of the intellectual property.
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19. LIABILITY
19.1. Both our and your liability in connection with the purchase of Goods in the Online Store is determined in accordance with the law of the Republic of Latvia.
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20. APPLICABLE LAW
20.1. The law of the Republic of Latvia applies to all issues related to the use of the Online Store and the relationship between you and the Company.
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21. DISPUTE SETTLEMENT PROCEDURE IF THE CUSTOMER IS A CONSUMER
21.1. This Section 21 sets out the dispute resolution procedure if you are a consumer (a natural person who orders the Goods for a purpose unrelated to your business or professional activity).
21.2. If you believe that the Product you have received does not comply with the terms of the contract, you have the right to file a claim with us for non-compliance of the Product within 2 (two) years from the date of purchase. You must submit a claim to us within 2 (two) months from the date you discover the non-conformity of the Product. The day of purchase of the Product is the day when you have acquired or a third party, other than the carrier and indicated by you, has acquired possession of the Product (Section 27 of the Consumer Rights Protection Law).
21.3. You should note that a claim for non-compliance of the Product with the terms of the contract is unlikely to be satisfied if:
21.3.1. You stored the Product in violation of the Product storage regulations;
21.3.2. You used the Product in violation of the Terms of Use of the Product or used the Product for purposes for which it is not intended;
21.3.3. The product has expired;
21.3.4. Your objections are related to the consistency, color, texture or other factors of the Product that do not significantly affect the specifics of the use of the Product.
21.4. We will make reasonable efforts to resolve any of your claims regarding the received Product through negotiations, if any.
21.5. If you consider that it is not possible to resolve the dispute through negotiations, you may apply to us in writing (Section 26.1 of the Consumer Rights Protection Law), indicating:
21.5.1. your name, surname, address of residence and contact information;
21.5.2. the date of submission of the application;
21.5.3. the essence of the dispute, your claim and its justification. You must enclose copies of documents confirming the transaction, as well as other supporting documents (if possible).
21.6. Complaints about non-conformity of the Goods, if any, will be sent to the manufacturer of the Goods.
21.7. We will try to provide you with an answer to the application within 15 (fifteen) working days from the date of receipt of the application and inform you about the possible way of execution or settlement of the dispute, if no agreement has been reached on the execution of your claim or alternative way of execution. If it is not possible to meet this deadline, we will inform you, indicating the deadline by which the response will be provided.
21.8. If you are not satisfied with the results of the review of the application, you have the right (Section 26.1, Paragraph 10 of the Consumer Rights Protection Law) to apply to:
21.8.1. Consumer Protection Center for assistance in resolving a dispute;
21.8.2. In the Consumer Dispute Resolution Commission, if the assistance provided to you in resolving the dispute at the Consumer Rights Protection Center has not provided the result and it is possible to convene the Consumer Dispute Resolution Commission in the respective field to review the dispute;
21.8.3. judicial institutions.
21.9. You can get more detailed information on dispute resolution procedures from the Consumer Protection Center.
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22. DISPUTE RESOLUTION PROCEDURE, IF THE CUSTOMER IS NOT A CONSUMER
22.1. This Section 22 sets out the dispute resolution procedure if you are not a consumer.
22.2. If you believe that the Product you have received does not comply with the terms of the contract, you must submit a sufficiently specific and substantiated claim in writing to us before going to court.
22.3. We will try to review it within a reasonable time and give you a written answer.
22.4. If you are not satisfied with our answer, you have the right to go to court.
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23. COMMUNICATION BETWEEN US
23.1. We can communicate between us using the following methods:
23.1.1. sending of items by electronic mail;
23.1.2. communication by telephone, both in the form of voice calls and via text messages;
23.1.3. communication on social networks;
23.1.4. sending items by post.
14.2. The following contact information may be used for communication:
23.2.1. When contacting the Company:
23.2.1.1. Contact information of the Company published in the Online Store (postal address - address of the Company's central office); or
23.2.1.2. contact information we provided when contacting you.
23.3. when contacting you:
23.3.2.1. Your contact information, which is indicated in your user account in the Online Store; or
23.3.2.2. contact information you provided when contacting us.
23.4. We may require that you use forms of communication that allow us to verify your identity (for example, send us a paper-based shipment by regular mail or submit it in person, or send a shipment with a secure electronic signature by e-mail) in the following cases:
23.4.1. it is important for us to verify your identity in a specific matter (for example, in connection with questions about the processing of your personal data by the Company);
23.4.2. if when contacting us you use such means of communication (e-mail, telephone) that differ from the means of communication previously notified to the Company (for example, when you register in the Online Store);
23.4.3. if a dispute arises between us, including if you file a consumer claim (Section 21 of the Terms);
23.4.4. in other cases, in the opinion of the Company, there is a good reason for it.
23.5. Correspondence shall be deemed to have been received:
14.5.1. When you send to the Company:
14.5.1.1. ordinary postal item - on the 3rd (third) day after delivery to the post office, excluding the day of delivery;
23.5.1.2. electronic mail - on the next working day after the day of sending;
23.5.2. The company will send you:
23.5.2.1. ordinary postal item - on the 5th (fifth) day after delivery to the post office, excluding the day of delivery;
23.5.2.2. electronic mail - on the 3rd (third) day after the day of sending.