By using the service of the online store kale.space
- General Terms
1.1. The seller sells goods in the online store https://www.kale.space/
1.2. By ordering goods in the Internet store, the User agrees to the Terms of Sale of Goods presented below. In case the User does not agree to this Agreement of Use, he must stop using the service and leave the website https://www.kale.space/
1.3. The Seller reserves the right to make changes to this Agreement and the Buyer undertakes to regularly follow changes on the Website https://www.kale.space/
1.4. The public offer is recognized as accepted by the Website User/Buyer from the moment the Buyer places the Order on the Website. The retail purchase-sale Agreement is considered concluded from the moment of payment for the goods. By notifying the Seller of his e-mail and telephone number, the Website Visitor/User/Buyer agrees that the Seller, as well as third parties engaged by him, use the mentioned means of communication to fulfill obligations towards the Website Visitor/User/Buyer.
1.5. By placing the Order, the User/Buyer agrees that the Seller may assign the execution of the Agreement to a third party, and also bear the responsibility for its execution.
- Subject of the Agreement
The Seller undertakes to hand over the Product to the Buyer, but the Buyer undertakes to accept and pay for the Product according to the terms of this Agreement.
- Product and order of purchase
3.1. The photographs accompanying the Product are simple illustrations and may differ from the actual and external appearance of the Product. The description/parameters accompanying the product do not claim to be exhaustive and may contain typographical errors. To clarify the information about the Product, the Buyer should contact the Seller. The information provided on the website may be updated daily.
3.2. In the event that the Product ordered by the Buyer is not in the Seller’s warehouse, the latter has the right to exclude the said Product from the Order (i.e. cancel the Buyer’s Order in whole or in part) or replace it with a Product of similar price.
3.3. In case of cancellation of a pre-paid Order, the Seller returns the value of the canceled Product to the Buyer in the manner in which the Product was paid for.
3.4. Within 2 hours after receiving the Order, the Seller confirms the receipt of the Order by sending a confirmation to the Buyer’s e-mail.
3.5. The buyer is responsible for filling in all points of the order form correctly. In case of errors or incomplete information provided in the fields “Name, Surname”, “Delivery address”, “Telephone for communications” and “Delivery time”, the Internet store has no responsibility for the execution of the Order.
3.7. The Seller can unilaterally change the price of the Product mentioned on the website before the store staff approves the Order. In the case of changes in the price of the Order, the Seller must necessarily notify the Buyer by e-mail, phone call, SMS-notification, etc. help. In this case, the Buyer has the right to refuse the purchase of the Goods in whole or in part. In the event that the Buyer does not receive the consent to pay the Application at the new price, the Order is considered cancelled.
- Order delivery
4.1. The Buyer orders the Product to the Seller by agreeing in advance the assortment and quantity of the Product to be ordered, the delivery date, and the actual delivery address of the Product.
4.2. All Goods must be of decent quality. If the Buyer can reasonably prove that the Product is unfit for use (in addition, by presenting the Product itself or its photo on the day of delivery), the Seller will exchange the Product within three days (including the day of delivery), in the same quantity and assortment, or, if the given Product is not available, in a different assortment, which corresponds to the value after delivery, or returns the amount of the particular item.
4.3. The product is delivered by the Seller’s forces and means by any means of transport.
4.4. The goods are delivered in the territory specified by the Seller and taking into account the specified delivery fees.
4 5. Claims may be made by the Buyer only upon acceptance of the order. If there are no claims and the Buyer has accepted the Product from the courier, this is a confirmation that the Buyer has no claims regarding the order set, the quantity of the Product and its external appearance.
4.6. The Courier is not authorized to provide the Buyer with any consultations, advice, recommendations or perform other actions that have not been previously agreed upon. The seller bears no responsibility if such actions, advice or recommendations cause any negative consequences or losses.
4.7. Ownership rights to the Product, as well as the risk of accidental damage or accidental damage to the Product, pass from the Seller to the Buyer from the moment the Product is handed over, which is confirmed by a mark in the courier service system.
- Payment of the product
5.1. The price of the product is indicated on the Website. In the event that the price of the Product ordered by the Buyer is indicated incorrectly, the Seller shall inform the Buyer of this in order to confirm the Order at the corrected price or cancel the Order. If it is not possible to contact the Buyer, the said Order is considered cancelled. If the Order has been paid, the Seller returns the amount paid for the Order to the Buyer in the same way as it was paid.
5.2. The Seller can unilaterally change the price of the Product on the Website. In addition, the price of the Product ordered by the Buyer may not be changed without the Buyer’s consent.
5.3. The seller has the right to provide discounts for the Goods and to establish a bonus program. The types of discounts and bonuses and their calculation procedure are indicated on the Website and can be changed unilaterally by the Seller.
- Product quality guarantee and expiration date. Right of withdrawal and return of goods.
6.1. The characteristics of all goods sold in the kale.space online store are generally indicated in the product description attached to each product. The manufacturers and distributors of the goods are responsible for the information about the characteristics of the goods, their correctness, but kale.space is only responsible for the correct indication and transfer of this information to consumers, unless the regulatory acts stipulate otherwise.
6.2. The seller is not responsible for the fact that the goods in kale.space
according to their color, shape and other parameters do not correspond to the actual size, shape and color of the goods, because the goods photographs kale.space
6.3. Goods with a fixed expiration date are delivered in such a way that the Buyer has a real opportunity to use these goods until the expiration date.
6.4. The buyer does not have the right to refuse a product of proper quality against which no claims have been raised at the time of receiving the product.
6.5. If, during the use of the product, the Buyer finds that the product does not comply with the quality requirements set by the manufacturer, he can use the right of refusal by submitting objections in writing and sending them within 7 working days to the e-mail address: [email protected] kale.space
, adding a photo of the product.
6.6. The specified right of refusal can be exercised only by the Buyer who, according to the provisions of the Consumer Rights Protection Law of the Republic of Latvia, is recognized as a consumer, that is, a natural person who expresses a desire to purchase, purchases or could purchase or use a product or service for a purpose that is not related to its economic or professional activity.
6.7. The Seller shall exchange the product or refund the price of the product returned by the Buyer using the right of withdrawal within seven days of receiving the product. Expenses for the delivery of goods to the store are covered by the Buyer (except for goods that do not meet the terms of the contract).
6.8. The buyer is responsible for maintaining the quality of the product in the event of exercising the right of withdrawal. The buyer is responsible for any kind of decrease in the value of the goods, if the goods have been used in a way that is incompatible with the principle of good faith, including used for a purpose other than to determine the characteristics of the goods. The goods must be undamaged, undamaged (unremoved and undamaged labels, untorn protective film, etc.) and unused. The product must be returned in its original packaging, in the same package as it was received, instructions for use and other accessories of the product. If the product is not fully assembled, is damaged, messy or not properly packed, the Seller has the right not to accept the product, as well as not to refund the money paid by the Buyer for the product.
6.9. If the Seller delivers to the Buyer a smaller quantity of Goods than specified in the Order, the Buyer, upon acceptance of the Order, has the right to accept the Goods in a part that corresponds to the Order and demand the delivery of the missing quantity of Goods, or to refuse the undelivered part of the Goods and demand the return of funds for the undelivered Goods. The funds paid by the Buyer for the undelivered Product must be returned to the Buyer within 14 days from the moment the Seller receives a written application from the Buyer.
- Irresistible power
7.1. None of the Parties is responsible for non-fulfillment of the obligations of the Agreement, if the cause of non-fulfilment is force majeure. Force majeure or circumstances of an extraordinary nature include: natural disasters, accidents, catastrophes, epidemics, acts of war, strikes, internal riots, blockades, actions of authorities and administrative institutions, regulatory acts that significantly limit and infringe on the Party’s rights and affect obligations assumed, acceptance and entry into force, as well as any unforeseeable emergency or event beyond the control of the Parties and did not arise as a result of their error or negligence and could not have been avoided by taking reasonable precautions.
7.2. The Party faced with force majeure shall immediately inform the other Party thereof.
7.3. Circumstances of force majeure must be proved by the Party that invokes them.
7.4. In the event of force majeure, the execution of the Agreement is postponed until the end of the given circumstances, but if the force majeure circumstances exceed a period of thirty (30) days, either Party may immediately terminate the Agreement by giving the other Party a written notice.
- Rights and obligations of the parties
8.1. The seller undertakes:
8.1.1. Comply with the terms of this Agreement.
8.1.2. Hand over the paid Product to the Buyer in accordance with the completed Order and the provisions of this Agreement. The seller reserves the right not to fulfill the obligations of the Agreement if there are force majeure circumstances, as specified in Clause 7 of this Agreement.
8.1.3. Process the Buyer’s personal data and ensure their confidentiality in accordance with the procedures established by law.
8.2. The seller has the right to:
8.2.1. To unilaterally change this Agreement, the Prices and Tariffs of the Products, the services, the delivery methods and terms of the Products, by placing them on the website of the online store located at the following Internet address: https:/ /www.kale.space
All changes take effect immediately upon publication and are deemed to have been communicated to the Buyer from the moment of such publication.
8.2.2. Change, expand and reduce the offer of Goods in the online store, regulate access to the purchase of any Goods, as well as suspend or terminate any sale of Goods at its own discretion.
8.2.3. Without coordination with the Buyer, transfer your rights and obligations for the performance of the Agreement to third parties.
8.2.4. Before delivering the Product ordered by the Buyer, the Seller has the right to demand 100% prepayment of the ordered Product from the Buyer. The Seller has the right to refuse to deliver the Product to the Buyer if such payment has not been made.
8.2.5. The seller reserves the right to make minor changes in the design of the Product elements.
8.2.6. Use cookie technology. “Cookies” do not contain confidential information and are not transferred to third parties.
8.2.7. Get information about the user’s Website ip address https://www.kale.space/
The mentioned information is not used to determine the identity of the visitor and is not intended for transfer to third parties.
8.2.8. The Seller has the right to send the Buyer advertising-informative notifications by e-mail and SMS with information about discounts, promotions, new deliveries, etc. The frequency of shipments is determined by the Seller independently, unilaterally.
8.3. Obligation of the buyer:
8.3.1. Before concluding the Agreement, familiarize yourself with the content and terms of the Agreement, the Product prices offered by the Seller in the online store https://www.kale.space/
8.3.2. Notify the Seller of all necessary data that uniquely identifies him as a buyer and is sufficient to deliver the Product he paid for to the Buyer.
8.3.3. Pay for the ordered Product and its delivery according to the terms of this Agreement.
8.3.4. At the moment of receiving the product, carefully examine it and in the presence of the courier make sure that the Product fully corresponds to the ordered product and that the Product has no mechanical or other external damage.
8.4. The buyer has the right to:
8.4.1. To refuse e-mail and SMS sendings, for this purpose he needs to contact the Seller by e-mail or in any other way.
8.4.2. Return the received Product in accordance with Clause 6 of this Agreement.
8.4.3. To choose a convenient method of delivery of the Product for him.
9.1. The Seller is not responsible for the loss caused to the Buyer in case of improper use of the Goods purchased in the Internet store.
9.2. The seller is not responsible for the content and functioning of external websites.
- Data processing and protection
- Validity period of the public offer
11.1. This public offer comes into effect from the moment the Website Visitor/Buyer accepts it and is valid until the Public Offer is withdrawn.
- Additional Terms
12.1. The Seller has the right to redirect or in some other way transfer his rights and obligations arising from his relationship with the Buyer to third parties.
12.2. The relations between the Buyer and the Seller are governed by these Terms and the legislation of the Republic of Latvia.
12.3. The parties agree that any disputes, disagreements or claims arising out of this Agreement or its breach, termination or validity shalls resolved through mutual negotiations. In the event that a mutual agreement is not reached, then any dispute, disagreement or claim brought by one Party against the other arising from this Agreement, which affects its breach, termination or invalidity, will be submitted for resolution to the courts of the Republic of Latvia, the Republic of Latvia in accordance with the procedures specified in the regulatory enactments.