Terms of Use

Distance contract

This agreement is concluded between SIA “LINGENT”, 40203479467, legal address: Riga, Vecpilsētas iela 19, LV-1050, hereinafter – Amalii or the Seller and a natural or legal person, hereinafter – the Buyer, who purchases the product, hereinafter – the Product or uses other services offered by the Seller, hereinafter – the Service on the website www.amalii.lv hereinafter – the Website

General rules

1.1. www.amalii.lv is the owner of the Website and the rights related to it, which, within the framework of its business activities, in accordance with this Agreement, hereinafter referred to as the Agreement, offers and sells Goods and provides Services to the Buyer.

1.2. www.amalii.lv provides information about the Goods and Services available on the Website and sells the Goods/provides the Services in accordance with the terms set out below, as well as provides Customer Service. By accessing or using the Website, the Buyer confirms that he has read the terms of the Agreement, understands them and agrees to comply with them without limitations or conditions.

1.3. If the Buyer purchases the Product offered on the Website via the Internet, then such a mutual agreement is considered a Distance Contract and is subject to the legal provisions governing Distance Contracts, including, but not limited to, Directive 97/7/EEC of the European Parliament and of the Council on the protection of consumers in respect of distance contracts , the Law of the Republic of Latvia “ Consumer Rights Protection Law ”, the Regulations of the Cabinet of Ministers of the Republic of Latvia “ Regulations on Distance Contracts ”.

1.4. Buyer - a legally capable person who has registered and places an order on the Website. Minors aged 14 to 18 years old use the services of www.amalii.lv only with the permission of a parent or guardian, except in cases where they have their own income. By registering on the Website, the Buyer confirms that they are legally capable and entitled to shop on the Website in accordance with the terms of the Agreement.

1.5. The Agreement shall be deemed concluded from the moment the Buyer confirms the order: The Buyer has created a shopping cart and clicked on "pay for the purchase". The Buyer is obliged to pay for the goods in accordance with the procedure and within the deadlines provided for in the Agreement.

1.6. www.amalii.lv has the right to unilaterally amend and supplement the terms of the Agreement. When the Buyer makes a purchase on the Website, the terms of the Agreement that are in force at the time of ordering the Product shall apply.

1.7. If the Buyer attempts to harm the operation, stability, security of www.amalii.lv in any way, or otherwise fails to comply with the terms of the Agreement, the Seller has the right to cancel the Buyer's registration or otherwise restrict access to the Website.

Subject of the contract

2.1. www.amalii.lv, upon the Buyer's order, which is made in accordance with clause 2.2.2 of the Agreement, undertakes to sell and deliver or issue the Goods available on the Website in the structural unit, in accordance with the terms of the Agreement.

2.2. The Buyer independently selects the Goods and orders and pays for the Goods in accordance with the provisions of Clauses 4 and 6 of the Agreement, taking into account the following:

2.2.1. The Customer reviews the description of the Goods, their price and their compliance with their requirements on the Website;

2.2.2. The Customer selects the Product that suits them and places the order and makes the payment in accordance with the terms of the Agreement and the payment methods offered on the Website.

2.3. www.amalii.lv shall deliver the goods ordered and paid for by the Buyer to the address specified in the Buyer's order in accordance with the terms of the Agreement.

Registration

3.1. Both registered and unregistered Buyers can shop at www.amalii.lv.

3.2. To register on www.amalii.lv, the Buyer must provide at least their first name, last name, e-mail address, and password in the “My Account” section of the Website. To re-enter the specific Buyer profile on www.amalii.lv, the Buyer must enter the registered e-mail and password in the appropriate fields.

3.3. When making a purchase at www.amalii.lv, the Buyer must enter their first name, last name, delivery address, phone number and e-mail.

3.4. After creating a password and registering, the Buyer undertakes to ensure that the password is not disclosed to third parties. The Buyer is responsible for any actions he performs on the Website when logging in with his password. If the services provided by the Website are used by a third party using the Buyer's access data, www.amalii.lv considers this person to be the Buyer. If the password has come into the possession of third parties, the Buyer is obliged to immediately change the password on the Website.

3.5. By providing information about themselves, the Buyer grants www.amalii.lv, as the personal data controller, the right to select, store, systematize and use all information and data that the Buyer has directly or indirectly provided when registering and using the services of the Website.

3.6. The personal data provided by the Buyer will be processed in accordance with Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the laws and regulations of the Republic of Latvia governing the processing and protection of personal data and the Privacy Policy of www.amalii.lv. When processing and storing the Buyer's personal data, www.amalii.lv will use organizational and technical means that will ensure the protection of personal data from accidental disclosure, alteration or other unlawful data processing.

3.7. The Buyer's personal data will be used to identify the Buyer, issue accounting documents, repay an overpaid amount, administer debts, perform other obligations arising from the Agreement, as well as to provide the Buyer with the opportunity to use other Services of the Website.

3.8. The Buyer's personal data will be stored for no longer than required for the specified purposes of data processing.

3.9. www.amalii.lv undertakes not to disclose the Buyer's personal data to third parties, except for www.amalii.lv partners who ensure the delivery of goods or provide other services related to the fulfillment of orders, as well as to state institutions in cases specified in regulatory enactments.

3.10. The Buyer can obtain information about the processing of Personal data in the Privacy Policy section of the Website.

3.11. The Buyer is fully responsible for the accuracy of the data specified in the registration form, as well as for the accuracy of the data provided when making a purchase on www.amalii.lv. If the Buyer has specified inaccurate or incorrect data in the registration form or when making a purchase, www.amalii.lv is not responsible for the inaccuracy of the data and the consequences arising therefrom and is entitled to claim compensation for direct losses from the Buyer. The Buyer has the right at any time to correct, delete or supplement personal data in his www.amalii.lv profile or to request www.amalii.lv to correct, delete or supplement personal data in accordance with the Buyer's instructions in accordance with the Privacy Policy.

3.12. The Buyer agrees that notifications necessary for providing order, payment and delivery information will be sent to the specified e-mail address.

Ordering a product

4.1. To purchase a Product, the Buyer selects the desired Product on the Website and adds it to the shopping cart by clicking on the "Add to cart" button.

4.2. To place an order, the Buyer must perform the following steps:

4.2.1 Select the Product or Products by adding them to the "Cart".

4.2.2. After placing all selected Products in the "Cart", click on the shopping cart icon in the upper right corner of the page and press the "View Cart" button. The Buyer is redirected to the cart page, where they can review the order again, delete products from the shopping cart and enter a coupon code, if any, as well as select the method of delivery/receipt of the Product.

4.2.3. Next, the Buyer clicks “Continue to place an order”, which takes them to the Omniva Checkout order placement page.

4.2.4. After entering the requested data and checking the correctness of the data, the Buyer confirms the order by pressing the “Pay” button. After this action, the order is confirmed and sent to the Seller.

4.2.5. The Buyer makes payment for the Product using the online banking link and confirms the payment to the Seller by pressing the "Back to Merchant" button.

4.2.6. After payment for the Product, www.amalii.lv sends an order confirmation to the e-mail address provided by the Buyer.

4.3. The Buyer undertakes to provide accurate personal data, delivery address and contact information necessary for the provision of the Order at the time of placing the Order. In case of inaccurate data, the Order may not be provided.

4.4. The Seller is not liable for the impossibility of fulfilling the order and for any consequences arising therefrom, which have arisen due to submitted but incorrect data.

4.5. The Seller has the right to refuse to fulfill the order if there are doubts about the accuracy of the data submitted by the Buyer, as well as in the event of actions that do not comply with generally accepted principles.

Using coupons

5.1. Discount coupons can be obtained from www.amalii.lv store announcements, social media (Facebook and Instagram), received by e-mail or SMS, as well as in campaigns on the Internet.

5.2. The code specified in the discount coupon can only be used once and only when shopping on the Website.

5.3. The following types of coupons can be used in the Elyndi.com store:

5.3.1. coupons that provide a percentage discount;

5.3.2. coupons that provide a discount of a specific amount.

5.4. Discount coupons are not cumulative and cannot be exchanged for cash.

5.5. It is prohibited to sell discount coupons.

5.6. Discount coupons are valid until the specified date. Discount coupons with an expiration date are not exchanged for products sold on the Website, their validity period is not extended and they are not compensated.

5.7. The voucher holder is responsible for the security of the information.

5.8. All discount coupons can be used to reduce the cart amount only on the Website. Discount coupons are not cumulative, and other discounts applied on the Website do not apply to discount coupons.

5.9. Invalid, lost or otherwise damaged (for example, the coupon code is damaged and cannot be identified), discount coupons are not compensated and their validity period is not extended.

5.10. Discount coupons are not exchangeable for other coupons and cannot be returned.

5.11. If you have any questions about payment, please contact us immediately by emailing info@amalii.lv

Product prices and payment procedures

6.1. The prices of goods and services on the Website are indicated with taxes, including value added tax. The cost of delivery of the order (if any) is determined separately in accordance with the delivery costs indicated on the Website.

6.2. The prices of the goods on the Website are indicated in EUR (euro). All payments made through the payment processor Maksekeskus AS are settled in EUR (euro).

6.3. The Buyer pays for the goods in the following ways:

6.3.1. using links of banks of the Republic of Latvia – Swedbank, SEB, Nordea, Citadele.

6.4. The website uses the Omniva Checkout checkout window, which allows you to make purchases online faster, so payment is made outside the online store environment, in the secure payment environment of the service provider Maksekeskus AS.

6.5. The price applicable to goods and services on the Website at the time of payment for the order is applied. 6.6. Payment is considered to be made when the full payment amount is received in the Seller's bank account.

6.6. Payment processing is provided by the payment platform makecommerce.lv, therefore our company transfers the personal data necessary for payment processing to the platform owner Maksekeskus AS.”

Delivery of goods

7.1. When choosing a delivery method, the user undertakes to indicate the exact delivery address or the selected Omniva parcel terminal. When choosing a delivery method - pickup in store - the user undertakes to collect the goods within 7 calendar days, otherwise the order will be canceled.

7.2. The Goods may be delivered to the Buyer by Amalii or his authorized representative.

7.3. The buyer undertakes to accept the ordered goods from the courier.

7.4 The delivery fee in Latvia with the Omniva parcel machine is 3.50 EUR (three euros and 50 euro cents).

7.5. Amalii will do its utmost to ensure that the ordered goods are delivered as soon as possible. The expected delivery time may vary, any delays will be reported.

7.5.1. When choosing the Omniva parcel machine as the delivery method, the Product arrives at the parcel machine selected by the Buyer within 5 business days after sending the order confirmation to the Buyer's e-mail address. The Buyer is informed about the arrival of the Product at the parcel machine by a text message containing the door code, location of the parcel machine, return code and storage period. Parcel machines are open 24 hours a day. The Product is stored in the parcel machine for 7 calendar days. After the expiration of the aforementioned period, the Product is sent back to the Seller. In the event that the Buyer does not collect the Product within the aforementioned period, the Buyer is obliged to reimburse the costs associated with re-sending the Product.

7.5.2. The Buyer is obliged to retain the text message notification referred to in paragraph 7.5.1 until the end of the 14-day return period.

7.6. If the Buyer does not have the delivery address specified, the Seller or its authorized person has the right to transfer the goods to any other adult person present at the specified address at the time of delivery, but the Buyer does not have the right to make any claims to the Seller regarding the delivery of the goods to an inappropriate person.

7.7. If delivery of the goods to the Buyer is not possible due to the Buyer's fault or circumstances dependent on the Buyer (the Buyer has specified an incorrect address, the Buyer is not available at the specified address, the specified address cannot be accessed, etc.), the goods are not sent again, but the order is canceled. In such a case, Amalii refunds the Buyer only for the goods, but the delivery fee is not refunded.

7.8. After receiving the goods, the Buyer or his representative checks the conformity of the goods with the ordered one and signs the invoice, delivery note or other delivery/acceptance document presented by the Amalii representative at the time of delivery of the goods. By signing the invoice, delivery note or other delivery/acceptance document, the Buyer or his representative confirms that the goods have been delivered in good condition. In all cases when the Elyndi representative delivers the goods to the Buyer, if the packaging of the goods is wrinkled, wet or otherwise damaged from the outside, the Buyer must indicate (write a comment) in the confirmation of receipt of the shipment or write a separate act about such defects. The Buyer must do this in the presence of the courier. Amalii is not responsible for such defects of the goods that were obvious at the time of delivery, but were not indicated in the confirmation of delivery of the goods.

7.9. If Amalii fails to contact the Buyer within 5 (five) business days of placing the order, the order is canceled, Amalii refunds the Customer only for the product, but the delivery fee is not refunded.

7.10. In an emergency situation, when Amalii cannot ensure the delivery of the product purchased on the Website due to unforeseen circumstances, the Seller undertakes to offer a similar product. If the Buyer does not agree, the Seller shall refund the money paid by the Buyer as soon as possible, but no later than within 30 (thirty) calendar days.

Product quality

8.1. The characteristics of all products sold on www.amalii.lv are indicated in the product description for each product.

8.2. The warranty specified in the relevant legal acts applies to the goods of www.amalii.lv.

8.3. In the event of a product not complying with the terms of the Agreement, the Buyer has the right to request that www.amalii.lv perform one of the following actions:

1) eliminates the non-compliance of the goods with the terms of the contract;

2) exchange the goods for one that would ensure compliance with the terms of the contract;

3) reduce the price of the goods accordingly;

4) cancel the contract and refund the amount paid for the goods to the Buyer.

8.6. First of all, the Buyer has the right to ask the Seller to eliminate the non-compliance of the goods with the terms of the contract free of charge or to exchange the goods for goods that comply with the terms of the contract free of charge, except in cases where this is impossible or disproportionate.

8.7. If it is not possible to eliminate the non-conformity of the goods with the terms of the contract or to exchange them for a good that complies with the terms of the contract free of charge, the Buyer is entitled to request that the Seller reduce the price of the goods accordingly or cancel the contract and refund the amount of money paid for the goods. When reducing the price or canceling the contract and refunding the amount of money, the Seller may take into account the depreciation of the goods or the benefit that the Buyer has gained from using the goods, and on which the contracting parties have agreed.

8.8. In the event of a minor non-conformity of the goods with the terms of the contract (it does not significantly reduce the quality of the performance of the basic functions of the goods or the characteristics of use and can be eliminated without causing visually detectable changes in the external appearance of the goods) and such that cannot significantly affect the Buyer's ability to use the goods, the Buyer cannot request that the Seller cancel the contract and refund the amount paid for the goods.

8.9. The Buyer may express objections and requests regarding the non-compliance of the goods with the terms of the contract to the Seller in writing by submitting an application and the goods together with the purchase payment and delivery documentation to Vecpilsētas iela 19, Riga, LV-1050.

8.10. The Seller shall review the received application/claim within 15 (fifteen) calendar days and provide a response on the merits. If the Seller finds the application/claim submitted by the Buyer to be justified, the Seller shall immediately, from the date of receipt of the application/claim, take all necessary steps to eliminate the objections mentioned in the Buyer's application/claim.

Right of withdrawal and return of goods

9.1. If the Buyer is a consumer within the meaning of the Consumer Rights Protection Law (a natural person who purchases a product for a purpose that is not related to his/her economic or professional activities), then the Buyer (consumer), without providing any justification, may exercise the right of withdrawal. In compliance with the provisions of Regulation No. 255 of the Cabinet of Ministers of the Republic of Latvia “Regulations on Distance Contracts”, the Buyer has the right to withdraw from the purchase contract within 14 calendar days from the moment of delivery of the product/products by submitting an application to Butterfly for the exercise of the right of withdrawal.

9.2. To exercise the right of withdrawal, the Buyer fills out the return portal application here:
9.2.1. The costs of returning or exchanging goods are borne by the customer - the amount of 3.09 EUR.

9.2.2. The return parcel terminal fee is deducted from the total refund amount. Therefore, when you receive your refund, you will receive 3.09 EUR less than the original purchase price of the item.

9.3. Upon receiving the withdrawal application, the Seller shall immediately notify the Buyer of its receipt by sending an electronic notification to the e-mail address specified in the Buyer's withdrawal.

9.4. The Buyer is deemed to have observed the withdrawal period (14 days) if the Buyer's application for exercising the right of withdrawal is sent to the Seller before the expiration of the withdrawal period. In the event of a dispute, the Buyer is obliged to provide documentary evidence of the period for exercising the right of withdrawal.

9.5. After sending the withdrawal application, the Buyer shall send or deliver the goods back to the Seller to the address: Vecpilsētas ielu 19, Riga, LV-1050 without undue delay, but not later than within 14 days. This deadline shall be deemed to have been met if the Buyer sends or delivers the goods back before the expiry of the 14-day period.

9.6. Amali undertakes to refund the amount paid by the Buyer for the goods to the Buyer without undue delay, but no later than 14 days from the date of receipt of the Buyer's application for the exercise of the right of withdrawal and the date of return of the goods.

9.7. If the Buyer exercises the right of withdrawal in a timely manner, this Agreement is terminated and the Seller shall refund the payments received from the Buyer to the current account specified in the withdrawal application or, using the same payment method as the Buyer used for the initial transaction, if the Buyer did not specify a current account number in the withdrawal application.

9.8. If the Buyer, at the time of ordering the goods, had clearly expressed his desire to receive the goods using a delivery method other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to reimburse the Buyer's additional delivery costs.

9.10. The direct costs of returning the goods shall be borne by the Buyer. If the goods cannot be returned by post or parcel machine due to their characteristics, the Buyer shall bear all costs associated with returning the goods.

9.11. The Buyer may exercise the right of withdrawal subject to the following conditions:

9.11.1. the returned item(s) must be in the original packaging;

9.11.2. the product must not be damaged;

9.11.3. the product has not been used, the packaging of the shipment has been preserved, and has not lost its commercial appearance (labels attached to the clothing, safety film, etc. have been preserved) (this does not apply to a product that was already damaged during delivery, for which the Buyer has indicated objections when confirming receipt of the product);

9.11.4. The returned item must be in the same condition as it was upon receipt.

9.12. The seller has the right to refuse to accept the return of the goods if the deadlines for returning the goods were not met.

9.12. The Buyer is responsible for maintaining the quality and safety of the goods during the period of exercising the right of withdrawal. The Buyer is responsible for any decrease in the value of the goods if the goods have been used in a manner that is incompatible with the principle of good faith, including used for a purpose other than to determine the properties or operation of the goods. The goods must be undamaged, have not lost the appearance of the goods (labels not removed and not damaged, protective films not torn, etc.) and unused. The goods must be returned in their original packaging, in the same configuration as they were received, and the purchase document, delivery document and other accessories that were attached to the goods at the time of receipt must be returned. If the goods are not fully assembled, are damaged, untidy or not properly packaged, Amalii has the right not to accept the goods, as well as not to refund the money paid for the goods to the Buyer.

9.13. The Buyer can find more detailed information about the right of withdrawal at the website address: http://www.ptac.gov.lv

Liability and dispute resolution

10.1. The Parties shall be liable to each other for any losses incurred by the other Party due to the malice or gross negligence of the at-fault Party. The Party claiming compensation must prove the existence of the losses.

10.2. In the event of losses, the guilty party shall compensate the other party for direct losses.

10.3. The Parties agree to resolve any dispute or disagreement that may arise between the Parties in connection with this Agreement through mutual negotiations. In the event that the dispute is not resolved through negotiations within 30 (thirty) days, the dispute shall be resolved in accordance with the laws and regulations in force in the Republic of Latvia.

10.4. If the Seller recognizes the application/claim submitted by the Buyer as unfounded, while the Buyer does not agree with the recognition of the application/claim as unfounded, or the Buyer is not satisfied with the dispute resolution offered by the Seller, the Buyer has the right to use the alternative dispute resolution options specified in the Consumer Rights Protection Law.

10.5. A buyer who is a consumer within the meaning of the Consumer Rights Protection Law (a natural person who purchases a product for a purpose that is not related to their economic or professional activities) has the opportunity to exercise and protect their legal rights as a consumer in accordance with the procedures specified in the Consumer Rights Protection Law and related regulatory enactments.

10.5. The Seller is not responsible for any non-essential characteristics of the goods shown in the images of the Website (actual size, shape or shade nuances, etc.) that do not correspond to the actual characteristics of the goods due to the screen parameters of the device used by the Buyer, lighting or any other similar external conditions.

10.5. The Seller shall not be liable for any delay in or failure to perform or otherwise fail to perform its obligations due to circumstances and obstacles beyond the Seller's reasonable control, including but not limited to strikes, government orders, war or national emergency, terrorist threats or acts of terrorism, environmental or climatic anomalies, failure by third parties, disruptions in the Internet connection, as well as damage to computer equipment and software. In the event of such force majeure circumstances, the Seller shall endeavour to remedy the delays as soon as possible.

Other rules

11.1. The relationship between the Buyer and the Seller is governed by the provisions of the Agreement, as well as the laws of the Republic of Latvia.

11.2. In matters not covered by this Agreement, the parties shall be guided by the applicable laws of the Republic of Latvia.

11.3. If any of the provisions of this Agreement becomes invalid, this shall not affect the validity of the Agreement.

11.4. By concluding the Agreement, the Client confirms that all terms of the Agreement are clear and that he/she fully accepts them.

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