DISTANCE PURCHASE AGREEMENT
The websites https://bumbieri.lv, https://bumbieri.lt, https://bumbieri.ee, https://bumbieri.fi, hereinafter referred to as the website, informational content and offers are provided by: SIA "Ar B Agro", registration number: 50003537571, legal address: Tukuma district, Sēmes parish, Kaive, "Rožulejas", LV-3139, hereinafter referred to as the Seller.
The website's offer is valid for any person who wishes to purchase or purchases goods in accordance with the website's terms of use and the terms of this agreement, hereinafter referred to as the buyer.
1. SUBJECT OF THE AGREEMENT
1.1. The Seller sells and the buyer purchases goods from the seller that are placed on the website, according to the respective product offer, hereinafter referred to as the purchase.
1.2. A product offer is considered to be any visually displayed product offer on the website that directly and unambiguously indicates - availability, description and price.
2. PAYMENT PROCEDURE
2.1. The product price is indicated on the website, when the buyer makes a purchase, the respective product's price and description are visually available. After payment for the product, the seller accepts the order for processing and sends or reserves the product for the buyer, according to their chosen delivery method.
2.2. Delivery costs are not included in the product price. Delivery costs are calculated and shown to the buyer when choosing the respective delivery method and delivery location.
2.3. The product price is indicated before order confirmation and no other additional charges related to order fulfillment are applied to it.
2.4. Prices on the website are indicated in euro currency, and value added tax is also indicated accordingly, if applicable.
2.5. The product is considered paid for at the moment when the buyer has made full payment for the product and the Seller has received the payment made.
2.6. The buyer pays for the product by choosing one of the payment methods offered by the seller, noting that certain payment methods may not be available to buyers outside of Latvia or the European Union.
2.7. The buyer can pay for products: a) in cash, receiving the products at the seller's location; b) by bank transfer; c) by making an online payment using banking services (payment is processed according to the service provider's terms).
3. RIGHT OF WITHDRAWAL
3.1. The Company hereby informs you that the visitor (buyer) who has purchased products available on the website - cannot exercise the right of withdrawal in accordance with the Cabinet of Ministers Regulation No. 255 of May 20, 2014 "Regulations on Distance Contracts" (see paragraph 22.4 of point 22 - the product deteriorates quickly).
3.2. The visitor has the right to refuse the product until the moment when the Company has not started fulfilling your order.
4. PROHIBITION OF PRODUCT (ROSE PLANTS) PROPAGATION
4.1. The Company concluded a License Agent Agreement on March 11, 2024 with W.KORDES' SÖHNE Rosenschulen GmbH & Co KG, Germany, for the propagation and distribution of "garden rose" and "Kordana® pot rose" varieties in Latvia, Lithuania and Estonia. The Company has registered the License Agent Agreement with the State Plant Protection Service.
4.2. The first part of Article 23 of the Plant Variety Protection Law stipulates that no other person without the permission (license agreement) of the breeder's rights owner may turn the variety into a source of income.
4.3. If the buyer has not concluded a license agreement with the breeder (W.KORDES' SÖHNE Rosenschulen GmbH & Co KG, Germany), then the buyer is prohibited from propagating, reselling or otherwise realizing, exporting and storing the product for the performance of the aforementioned activities.
5. LIABILITY OF THE PARTIES
5.1. When choosing product delivery via parcel locker, the Buyer has the obligation to collect the product from the parcel locker no later than within 2 (two) days from the moment of receiving notification that the product is in the parcel locker.
5.2. For non-fulfillment or improper fulfillment of the obligations mentioned in this agreement, the guilty Party shall compensate the other Party for damages incurred.
5.3. In the event of force majeure circumstances, the Parties are not mutually liable.
6. ADDITIONAL TERMS
6.1. The agreement between the buyer and the seller is considered concluded at the moment when the buyer has created a cart on the website, indicated buyer details and chosen the delivery method, chosen the payment method, familiarized themselves with these terms, pressed the "Confirm order" button and chosen the payment method and made payment for the product. Without paying for the order, the agreement is considered not concluded, except if the buyer has chosen to receive the product at the seller's location and pay for the product in person.
6.2. The buyer's selected products are reserved and the seller begins to fulfill the buyer's order from the moment payment is received. If the buyer has chosen to receive the product and make payment at the seller's location, then the seller reserves the product for up to 3 (three) working days. If the buyer has not collected the product within the specified time, then after 3 (three) working days the buyer's order is cancelled.
6.3. The buyer has the right before purchasing the product to express their objections or additions about the agreement and portal usage terms, as well as to use the information and offers available on the website in accordance with the terms that the parties have separately mutually agreed upon.
6.4. An integral part of this agreement is the terms of use of the websites https://bumbieri.lv, https://bumbieri.lt, https://bumbieri.ee, https://bumbieri.fi, with which the buyer familiarizes themselves and confirms familiarization when placing an order.
6.5. The Seller reserves the right to change (increase, decrease) the product price at any time or start charging for any free product, if such is available, provided that such changes will not apply to fees or compensation paid before the changes are made.
6.6. The Seller has the right to unilaterally cancel or reduce the volume of any order without prior notice if the seller has reason to believe that fulfilling the respective order would violate the terms of the agreement and/or the website's terms of use. Payments received for the respective order are returned to the buyer.
6.7. If the seller, after receiving the buyer's order, finds that the actual product price or product specification differs from the order or the product is not available, the seller reserves the right to unilaterally cancel the order and refund the money paid to the buyer. In this case, the seller bears no liability for damage compensation. The seller informs the buyer about the order cancellation.
6.8. The Party that is unable to fulfill obligations due to force majeure circumstances immediately informs the other Party in writing and by phone, indicating all circumstances.
6.9. Duties and rights not included in this agreement are regulated in accordance with the regulatory acts of the Republic of Latvia.
6.10. The terms of the agreement or individual points can only be changed by written agreement between the Parties.
6.11. By signing this agreement, both Parties certify that they are entitled and authorized to sign an agreement of such content. If one of the Parties to this agreement was not entitled or authorized to sign this agreement, then they assume as a natural person all obligations arising from this signed agreement.
6.12. If any point of the agreement loses validity or is in conflict with newly issued regulatory acts, then it does not affect the validity of the remaining points, but if necessary they must be changed in accordance with the regulatory acts in force to fulfill the obligations specified in the agreement.
6.13. All annexes, agreements, additions and amendments to this agreement that are signed by agreement of the Parties are an integral part of this agreement.
6.14. Terms used in the singular in this agreement have the same meaning as in the plural, and if the content requires it, a term in the singular should be understood as used in the plural, and accordingly a term in the plural should be understood as used in the singular. The headings in this agreement are used only for convenience and are not to be used in interpreting the essential provisions of the agreement.
6.15. The Party that transfers personal data to the other Party within the framework of the agreement is responsible for obtaining consent from the respective data subjects. The Parties undertake to process personal data received within the framework of the agreement only for the purpose of ensuring the fulfillment of obligations specified in the agreement, observing the rights and obligations specified in regulatory acts for processing, use and protection of such data. The Parties may mutually request that the transferred data be supplemented or corrected, or that the processing of transferred data be stopped, or that the data be destroyed if the transferred data is incomplete, outdated, untrue, illegally processed or its processing is no longer necessary for the purposes of the agreement, sending such a request in writing to the email address indicated in the agreement's requisites section or by mail.
6.16. The Seller hereby certifies that the information and personal data that you submit or have submitted on the website will be collected, processed and stored in accordance with the requirements of the regulatory acts of the Republic of Latvia and the European Union regarding personal data protection.
6.17. The Seller takes all reasonable measures for personal data protection to protect it against theft, loss, malicious use. By using the information available on the website and making a product purchase, the buyer agrees to the processing of their personal data to the extent necessary for the complete fulfillment of the buyer's order.
6.18. All disputes arising between the Parties during the execution of the agreement shall be resolved through negotiations, if no settlement is reached, then in the court institutions of the Republic of Latvia.