DISTANCE PURCHASE AGREEMENT
Internet website https://bumbieri.lv, hereinafter referred to as the website, informative content and offer is provided by: SIA "Ar B Agro", registration number: 50003537571, legal address: Tukuma district, Sēmes parish, Kaive, "Rožulejas" , LV-3139, hereinafter - Seller. The offer of the website is valid for every person who wants to buy or purchases a product, in accordance with the terms of use of the website and the terms of this agreement, hereinafter - the buyer.
1. SUBJECT OF AGREEMENT
1.1. The seller sells and the buyer buys the product from the seller placed on the website, in accordance with the offer of the relevant product, hereinafter - purchase.
1.2. A product offer is considered to be every visually displayed product offer on the website to which it is directly and unequivocally indicated - availability, description and price.
2. PAYMENT PROCEDURE
2.1. The price of the product is indicated on the website, when the buyer purchases the relevant product, its price and description are visually available. After paying for the product, the seller accepts the order for processing and sends or reserves the product to the buyer, according to the chosen delivery method.
2.2. The price of the product does not include delivery costs. Delivery costs are calculated and presented to the buyer by choosing the relevant delivery method and delivery location.
2.3. The price of the product is indicated before the order is confirmed and no other additional payments related to order fulfillment are applied to it.
2.4. The prices on the website are indicated in euro currency, accordingly, they are also indicated with value added tax, if applicable.
2.5. The product is considered paid for when the buyer has made full payment for the product and the Seller has received the payment.
2.6. The buyer pays for the product by choosing one of the payment methods offered by the seller, bearing in mind that some payment methods may not be available to buyers outside of Latvia or the European Union.
2.7. The buyer can pay for the goods: a) in cash, upon receiving the goods at the seller's location; b) by bank transfer; c) making a payment online using bank services (the payment will be processed in accordance with the terms of the service provider).
3. RIGHTS OF REJECTION
3.1. The Company hereby informs you that the visitor (buyer) who has purchased the product available on the website cannot exercise the right of withdrawal in accordance with 20.05.2014. Cabinet of Ministers regulations No. 255 "Regulations on distance contracts" (see subsection 22.4 of clause 22 - perishable goods).
3.2. The visitor has the right to refuse the product until the Company has started the execution of your order.
4. PROHIBITION OF PRODUCT (ROSE PLANTS) PROPAGATION
4.1. On March 11, 2024, the company concluded a License Agent agreement with W.KORDES' SÖHNE Rosenschulen GmbH & Co KG, Germany, for the propagation and distribution of "garden roses" and "Kordana® pot roses" 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 Varieties Protection Law stipulates that no other person may turn the variety into a source of income without the permission of the owner of the breeder's rights (license agreement).
4.3. If the pizzeria has not entered into a license agreement with the breeder (W.KORDES' SÖHNE Rosenschulen GmbH & Co KG, Germany), then the buyer is prohibited from multiplying, reselling or otherwise selling, exporting and storing the product for the above mentioned activities.
5. LIABILITY OF THE PARTIES
5.1. By choosing the method of delivery of the goods with a parcel, the Buyer is obliged to remove the goods from the parcel no later than 2 (two) days from the moment of receiving the notification that the goods are in the parcel.
5.2. For non-fulfillment or improper fulfillment of the obligations mentioned in this agreement, the guilty Party compensates the losses caused to the other Party.
5.3. In case of force majeure, the Parties are not mutually responsible.
6. ADDITIONAL TERMS
6.1. The contract between the buyer and the seller is considered concluded when the buyer has created a basket on the website, specified the buyer's data and selected the delivery method, selected the payment method, familiarized himself with these terms, pressed the "Confirm order" button and selected the payment method and paid for the product. If the order is not paid, the contract 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 goods chosen by the buyer are reserved and the seller starts fulfilling the buyer's order from the moment the payment is received. If the buyer has chosen to receive the product and make the payment at the seller's location, then the seller makes a reservation of the product within 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 to express his objections or additions to the contract and the terms of use of the portal before purchasing the product, as well as to use the information and offers available on the website in accordance with the rules that the parties have separately agreed upon.
6.4. An integral part of this contract are the terms of use of the website https://bumbieri.lv, with which the buyer familiarizes himself and confirms the familiarization when placing the order.
6.5. Seller reserves the right at any time to change (increase, decrease) the price of an item or to start charging a fee for any free item, if available, provided that such change shall not apply to any fee or consideration paid prior to the change.
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 the fulfillment of the relevant order will violate the terms of the contract and/or the terms of use of the website. Payments received for the relevant order are returned to the buyer.
6.7. If the seller, after receiving the buyer's order, finds that the actual price of the product or the 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 responsibility for damages. The seller informs the buyer about the cancellation of the order.
6.8. The Party that is unable to fulfill its obligations due to force majeure shall immediately inform the other Party in writing and by telephone, stating all the circumstances.
6.9. Duties and rights that are not included in this contract are regulated in accordance with the laws and regulations of the Republic of Latvia.
6.10. Terms of the agreement or individual clauses may be amended only by written agreement of the Parties.
6.11. By signing this agreement, both Parties certify that they are entitled and authorized to sign an agreement of this content. If one of the Parties to this agreement was not entitled or authorized to sign this agreement, then he assumes all the obligations arising from this signed agreement as a natural person.
6.12. If one of the clauses of the contract loses its validity or contradicts the newly issued regulatory enactments, then this does not affect the validity of the other clauses, but if necessary, they can be changed in accordance with the current regulatory enactments in order to fulfill the obligations stipulated in the contract.
6.13. All annexes, agreements, additions and amendments to this agreement signed by the Parties in agreement are an integral part of this agreement.
6.14. In this Agreement, terms used in the singular shall have the same meaning as in the plural and, where the context so requires, the singular shall be read as used in the plural, and accordingly, the term in the plural shall be read as used in the singular. Headings in this agreement are used only for convenience and are not used in the translation of essential provisions of the agreement.
6.15. The Party that transfers personal data to the other Party within the framework of the contract is responsible for obtaining consent from the relevant data subjects. The parties undertake to process the data of natural persons received within the framework of the contract only with the aim of ensuring the fulfillment of the obligations stipulated in the contract, observing the rights and obligations set forth in the laws and regulations for the processing, use and protection of such data. The parties can mutually request that the transferred data be supplemented or corrected, or that the processing of the transferred data be stopped, or that the data be destroyed, if the transferred data is incomplete, out of date, false, unlawfully processed or its processing is no longer necessary for the purposes of the contract, such a request by sending in writing to the e-mail address specified in the contract details section or by post.
6.16. The seller hereby confirms 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 laws of the Republic of Latvia and the European Union regarding the protection of personal data.
6.17. The seller takes all reasonable measures to protect personal data in order to protect them against theft, loss, misuse. By using the information available on the website and by purchasing the product, the buyer agrees to the processing of his personal data as far as it is necessary for the complete fulfillment of the buyer's order.
6.18. All disputes that have arisen between the Parties during the performance of the contract shall be resolved through negotiations, if no settlement is reached, then in the courts of the Republic of Latvia.