SIA “A.U. Holding”

Valid from 21.06.2024.

1. General provisions
   • 1.1. These terms of purchase, together with the documents specified in these terms, are intended to provide information about SIA “A.U. Holding” (“Seller”), as well as to outline the terms of purchase and sale of goods sold in the online store (“Terms”) to the persons specified in Clause 5.1 of the Terms. point (“Buyer”), and who purchase goods (“Goods”) in the online store at leafycalm.com.
   • 1.2. These Terms are applied when entering into any agreement between the Seller and the Buyer for the sale of Goods (“Agreement”). Before ordering any Products in the online store, please read these Terms carefully and make sure you understand them correctly. Please note that before completing the order, the Buyer is obliged to agree to these Terms and the Privacy Policy, but if he refuses to do so, completing the order and ordering the Product is impossible.
   • 1.3. The buyer is encouraged to print these Terms for future reference.
   • 1.4. We also inform you that these Terms may be amended in accordance with the procedures specified in Part 6 of the Terms. Every time when ordering Goods, we recommend reviewing the Terms so that the Buyer has made sure that he fully understands the conditions under which the order will be made in the particular case.
   • 1.5. These Terms and any Agreements between the Seller and the Buyer are drawn up and concluded only in the national language.
2. Information about the Seller
   • 2.1. These Terms are applied when purchasing Products at leafycalm.com (“internet store”). The seller is SIA “A.U. Holding” – a legal entity duly registered and working in the Republic of Latvia, company registration number 40203517612, VAT number LV40203517612, address: Brīvības iela 312-11, Rīga, LV-1006.
   • 2.2. More information about the Seller is provided in the “About Us” section.
   • 2.3. The seller’s contact information is provided in the “Contacts” section.
3. Goods
   • 3.1. The images of the Products provided in the online store are illustrative in nature. Despite the fact that the Seller makes every effort to reflect the colors of the Goods as accurately as possible, the Seller cannot guarantee that the screen of the Buyer’s device will accurately reflect the colors of the Goods. The Buyer understands that the Goods may not materially differ from their images. Also, in the images of the Products presented in the Internet Store, additional accessories or components of the Products may be visible, which are not part of the packaging of the sold Product (the packaging of the Product is indicated in the “Information” section of the Product advertisements). The product is considered appropriate for the offer if it corresponds to the sample, model and/or description provided in the Online Store.
   • 3.2. The packaging for transporting the product may differ from the one shown in the pictures in the online store. Changing the packaging of the Product to ensure proper and safe transportation of the Product does not change the Product and/or its properties and/or functions specified in the online store.
   • 3.3. Unless otherwise stated, all Products offered in the online store are available. In the event that it is not possible to sell the ordered Product according to Rule 5.10. and due to the circumstances specified in points 9.5, the Buyer is immediately informed about it by e-mail or with the help of other means of communication (by phone or SMS) and the order for such Product is cancelled.
   • 3.4. The seller has the right to determine the minimum and / or maximum order quantity for a specific product in one order.
4. Processing of personal data
   • 4.1. The Seller processes the Buyer’s personal data in accordance with the Privacy Policy. Considering that the Privacy Policy contains important terms of the Terms, we recommend that the Buyer read them carefully and make sure that all the terms of the Privacy Policy are understandable and acceptable to him.
5. Conclusion of the purchase-sale agreement
   • 5.1. Buyers may purchase Products in this online store:
     • a) natural persons who have reached 14 (fourteen) years of age;
     • b) legal entities.
   • 5.2. By agreeing to these Terms, the Buyer confirms that he has the right to buy Goods in this online store.
   • 5.3. The amount of the ordered Goods must not be less than the minimum amount of the Goods basket, the actual size of which is specified in the “Delivery and receipt of Goods” section.
   • 5.4. The procedure for ordering Goods established by the Seller provides the Buyer with the opportunity to check and correct errors before submitting the final order. It is recommended that the Buyer carefully read and check the submitted order at each stage of the order submission.
   • 5.5. The contract between the Buyer and the Seller is considered to be concluded at the moment when the Buyer has created a basket of goods in the online store, specified the Buyer’s name, surname (in Latin letters) and delivery address, exact zip code, selected the payment method and familiarized himself with these Terms, presses the button ” Order” and pay for the order or choose the payment method specified in Rule 10.1. point b. in subsection If the Order is not paid, the contract is considered not concluded. The Seller has the right to contact the Buyer through the order the phone number or e-mail address provided in the contract, based on the concluded contract or when solving any uncertainties related to the fulfillment of the contract.
   • 5.6. When the Buyer submits the order and pays for it or chooses Rule 10.1. point b. means of payment specified in subsection – an e-mail confirming receipt of the order is sent to it.
   • 5.7. When preparing the order, the Seller sends the Buyer an e-mail and/or SMS informing him that the Goods have been sent to the Buyer or are ready for pickup in the store (depending on which of the Goods delivery methods will be chosen).
   • 5.8. Each contract (order) concluded between the Buyer and the Seller is registered and stored in the database of the online store.
   • 5.9. By concluding the Agreement, the Buyer agrees that an electronic VAT invoice with purchase information will be sent to the specified e-mail address at the time of purchase. The invoice is sent to e-mail on working days no later than 6 (six) working days from the moment when the Buyer receives the Goods or the Seller hands over the Goods to the courier (if the Goods are delivered to the Buyer using courier services). The VAT invoice is issued with the date of the delivery of the Goods to the courier or the day of receipt/handover of the Goods (depending on which of the methods of delivery of the Goods was chosen and which of the Seller’s suppliers in the particular case delivers the Goods).
   • 5.10. In the event that the Seller does not have the opportunity to sell the Product, for example, because the Product is not in stock, because the Product is no longer sold, or because of an error related to the price indicated in the online store, as specified in Section 9.5 of these Terms. point, the Seller informs the Buyer about it by e-mail or by other means (by phone or SMS) and the order will be cancelled. In case the Buyer has already paid for the Product, the Seller will refund the paid amounts within 14 (fourteen) calendar days.
6. Right to amend the terms
   • 6.1. The Seller has the right to change these Terms. Whenever the Product is ordered, the version of the Terms valid at that moment is applied to the conclusion of the Agreement between the Seller and the Buyer. The version of the Terms that existed at the time of placing the Buyer’s order and was sent to the Buyer together with the order confirmation is valid for orders placed and not completed before the entry into force of the new Terms.
   • 6.2. Each time the Terms are amended based on Clause 6 of these Terms, the Seller will inform the Buyer and notify about it, stating that the Terms were amended, and the date of their amendment will be indicated in Section 1.4 of these Terms.
7. Qualitative return of goods and unilateral withdrawal from the Agreement, using the consumer’s right of withdrawal
   • 7.1. The buyer, who is a consumer (natural person), has the right to use the right of refusal, without giving a reason, and unilaterally withdraw from the Agreement by returning the received Goods – Article 7.3 of these Terms. in the time period specified in point This provision means that when reconsidering or for other reasons deciding to abandon the Product, the Buyer has the right to notify the Seller of his request to return the goods to the Seller and receive the paid money. The costs of returning the product must be paid by the Buyer.
   • 7.2. The buyer (consumer) cannot use the right of refusal and cannot return the Goods. regulation no. 255 “Rules on distance contracts” in the cases specified in point 22, if:
     • a) The Product is manufactured according to the Buyer’s instructions or the Product is clearly personalized (adapted to the Buyer’s personal needs);
     • b) The product perishes quickly or expires soon;
     • c) The Buyer has opened the packaging of the Product, which cannot be returned due to health and hygiene reasons;
     • d) Due to its characteristics, the product has been irreversibly mixed with other things after delivery;
     • e) The buyer has opened the packaging of audio or video recordings or computer programs;
     • f) newspapers, periodicals or magazines are supplied, except where they are supplied under a subscription contract.
   • 7.3. The right of the Buyer to unilaterally withdraw from the Agreement within 14 days, return the Goods to the Seller and receive money using the right of withdrawal applies only to consumers (natural persons) and arises from the date of conclusion of the Agreement, as defined in Clause 5 of the Terms. Qualitative Products can also be returned in a longer term in certain cases specified by the Seller, when the Seller provides relevant information about them when selling the Product.
   • 7.4. The 14-day period for exercising the right of withdrawal is calculated as follows:
     • a) if the Product is purchased by concluding the Agreement – from the day when the Buyer or a third party other than the carrier (courier) designated by the Buyer has received the Product;
     • b) if the Buyer has ordered several Goods in one order, which are delivered separately, – from the day when the Buyer or a third party, who is not the carrier and indicated by the Buyer, has received the last Goods;
     • c) if the Product consisting of several batches or parts is delivered, from the day the Buyer or a third party other than the carrier designated by the Buyer has received the last batch or part of the Product;
     • d) for contracts for regular delivery of Goods – from the day when the Buyer or a third party, who is not a carrier and indicated by the Buyer, has received the first item.
     • If the end of the term falls on an “officially” designated holiday in the country, the right of withdrawal can be exercised until the working day following the end date of the said term (including it).
   • 7.5. In order to exercise the right of withdrawal, the Buyer must inform the Seller of the decision to withdraw from the Agreement by sending or submitting an appropriate written notice in a free form, which would contain the Buyer’s notice of withdrawal from the Agreement. Notification of withdrawal from the Agreement can be sent electronically to the e-mail: info@leafycalm.com. Upon receiving the Buyer’s notification electronically, the Seller immediately sends the Buyer confirmation of receipt of the notification to the Buyer’s e-mail.
   • 7.6. The Buyer shall immediately, but no later than within 14 (fourteen) days after submitting or sending to the Seller a cancellation form or a notification on the exercise of the right of cancellation, return or hand over the Goods to the Seller at the customer service center at Brīvības iela 312-11, Rīga, LV-1006, Latvia or to a person authorized by the Seller to accept the Goods. The deadline is considered to be met if the Buyer hands over or sends the Goods to the Seller before the expiry of the 14 (fourteen) day deadline. The buyer pays the cost of returning the Product.
   • 7.7. The Buyer has the right to inspect the Product in order to find out its nature, properties and operations, but the use of the Product to find out and check its nature, properties and operations can be done to the extent that it would be possible to do it in the store.
   • 7.8. The Buyer is responsible for the decrease in the value of the Product or its use contrary to good faith (including, but not limited to, the cases specified in Clause 7.9 of these Terms), if the Product was used for a purpose other than to clarify the nature, properties and operation of the Product during the exercise of the right of withdrawal.
   • 7.9. The returned Product must not be damaged or used in a way that goes beyond the use of the Product to determine and test its nature, properties and functions. The buyer tries to keep the original packaging, authentic labels and protective bags for the returned Product. The Products must be returned complete with the same accessories with which they were sold, together with the Product’s instructions and warranty card, if they were delivered with the Product. Gifts received for the Goods must also be returned together.
   • 7.10. When returning the Product, you must provide the invoice number and the order number. If possible, the Buyer attaches an invoice so that the Seller can provide the Buyer with a refund for the purchased Product as soon as possible.
   • 7.11. The Buyer who returned the Goods will be refunded all money paid for the Goods, including delivery costs. The Seller returns the money for the Goods and delivery expenses no later than within 14 (fourteen) days from the day the Seller received information about the Buyer’s decision to withdraw from the Agreement. If only a part of the Goods is returned, the delivery costs will be refunded only if, and only to the extent, the remaining Goods of the same order, if purchased separately, would be charged a lower rate than the tariff charged if the Goods were purchased together with the Goods being returned , which is equal to the specified tariff difference. If the Buyer has chosen to use a delivery method other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to reimburse the Buyer for additional delivery costs.
   • 7.12. The Seller transfers the refundable amounts to the bank account specified in the Buyer’s notice of withdrawal from the Agreement or withdrawal form.
   • 7.13. The Seller has the right to withhold the refund to the Buyer until the Seller has received the Product or the Buyer has provided the Seller with confirmation that the Product has been returned, depending on which action has been taken earlier.
   • 7.14. In case the Goods were delivered to the Buyer after withdrawal from the Agreement:
     • a) The Buyer is obliged to immediately return the Goods to the Seller;
     • b) Except for cases related to non-compliant Goods, as provided for in Clause 15.11 of the Rules. point, the Buyer will be responsible for covering the costs of returning the Goods to the Seller;
     • c) The Buyer is obliged to properly take care of the preservation of the Goods until they are returned to the Seller;
     • d) The price of the product and delivery costs shall be compensated to the Buyer in accordance with Rule 7.11. point.
   • 7.15 In all cases, the buyer has rights arising from improper sale of the Product, which are provided for by the laws and regulations of the Republic of Latvia. The return rules specified in this 7 or other clauses of the Terms do not affect the existence of these rights.
8. Delivery
   Home delivery
   • 8.1. If the Buyer chooses, the Goods are delivered by the transport company at the Buyer’s expense. In certain cases indicated by the Seller, the Goods are delivered at the Seller’s expense.
     8.2. The buyer, choosing the home delivery service at the time of the order, undertakes to indicate the exact place of delivery of the goods. The exact delivery price depends on the weight and price of the ordered Goods. Current delivery prices are provided in the “Delivery and receiving of goods” section.
   • 8.3. Unloading and delivery services must be ordered separately before paying for the Goods. The Buyer pays for the unloading and delivery of the goods. In certain cases specified by the Seller, the Seller pays for the unloading and delivery of the Goods. Current prices for unloading and delivery services are provided in the “Delivery and receiving of goods” section.
   • 8.4. The buyer’s order is fulfilled before the scheduled delivery day specified in Clause 5.7 of the Terms. in the dispatch notification specified in paragraph 1, except for cases where events occur that are beyond the Seller’s control (as defined in paragraph 17 of these Terms).
   • 8.5. Usually, the Goods are delivered to the address specified by the Buyer within the terms specified in the “Delivery and receipt of goods” section. The buyer is always informed about the expected term of delivery of the Product by e-mail.
   • 8.6. If the Buyer selects the “Express delivery” package before placing the order, but the product is not delivered within the specified time, the Buyer has the right to receive a refund for the paid “Express delivery” service.
   • 8.7. When ordering more than one Product, they may be delivered at different times as they are transported from different warehouses. No additional transport fee is charged for this. If several Goods are ordered with different delivery terms, the total delivery term of the Goods is determined by the longest delivery term.
   • 8.8. Ownership of the Product is transferred to the Buyer at the moment when the courier hands over the Goods to the Buyer. The risk of accidental loss or damage of the goods passes to the Buyer when the Buyer or a third party other than the carrier (courier) designated by the Buyer has received the Goods. If the Buyer chooses the carrier of the Product himself, and the Seller did not offer such a delivery option, the risk specified in this part passes to the Buyer at the moment when the Product is handed over to the carrier.
   • 8.9. At the time of delivery of the shipment, the Buyer or a third party indicated by the Buyer is obliged to check the condition of the package of the shipment together with the representative of the transport company. If the Buyer finds that the shipment is damaged, the Buyer is obliged to:
     • – indicate it to the courier who delivered the Product;
     • – note in the shipment delivery document that the package is damaged and fill out the Package Damage (Inspection) Act together with the courier;
     • – check the Goods inside the package and, if they are damaged, record the damage with photographs. Photographs will be required for the Product return procedure for the delivery of an inappropriate Product;
     • – if the Product’s packaging is not damaged, it is not necessary to check the Product in the presence of the courier.
   • If the Buyer accepts the shipment and signs the documents, it is assumed that the shipment has been delivered in a proper manner.
   • 8.10. If damage to the package of the shipment is detected, the Buyer or a third party indicated by the Buyer has the right not to accept the shipment. In such a case, the representative of the organization providing courier services, together with the Buyer or a third person indicated by the Buyer, fills out a special shipment inspection report submitted by the representative of the organization providing courier services, in which the detected damages are indicated.
   • 8.11. The Buyer or a third person designated by the Buyer, upon acceptance of the shipment and signing the data storage device or paper proof of delivery presented by the representative of the organization providing courier services, assumes that the Goods have been delivered in an undamaged package, additional services specified in the data storage device or in the paper proof of delivery, have been duly provided unless otherwise stated.
   • 8.12. By delivering and handing over the Goods to the address specified by the Buyer, it is assumed that the Goods have been delivered to the Buyer, regardless of whether the Goods are actually accepted by the Buyer or by any third party who accepted the Goods at the specified address. If the Goods are not delivered on the scheduled day of delivery of the Goods, the Buyer shall notify the Seller immediately, but no later than the next day after the scheduled day of delivery of the Goods.
   • 8.13. If the Goods will not be accepted by the Buyer, the Buyer is obliged to indicate the data of the person accepting the Goods when filling in the delivery information of the order.
   • 8.14. When accepting the Goods, a valid identity document must be presented in order to properly identify the Buyer. If the Buyer cannot accept the Goods himself, but the Goods are delivered to the address specified by the Buyer, the Buyer has no right to make claims to the Seller about the delivery of the Goods to an inappropriate person.
   • 8.15 The Buyer is obliged to check the packaging, quantity, quality, assortment, accessories and assembly of the Goods within 14 (fourteen) days from the moment of delivery of the Goods. If the Buyer does not fulfill this obligation within the specified period and does not submit a claim to the Seller, it is assumed that the packaging of the Goods is in proper condition, but the quantity, quality, assortment, accessories and assembly comply with the terms of the Agreement.
9. Product price and delivery costs
   • 9.1. The prices of the products will be as indicated in the online store. The Seller uses all reasonable efforts to ensure that the prices of the Goods are correct at the time the Buyer submits the order. If the Seller notices that there are inaccuracies in the prices of the Goods, Article 9.5 of these Terms shall be applied. point.
   • 9.2. Product prices may change, but such changes will have no effect on already concluded Agreements.
   • 9.3. The prices of goods are indicated including VAT (where it is applied) in the amount that is applied at the given time in the Republic of Latvia. In the event that the VAT rate changes during the period from the day of the order to the day of delivery, the price may change, taking into account the change in the amount of VAT, except for cases where the Buyer paid for the Goods in full before the VAT rate amendment came into force. The Seller informs the Buyer in writing about such price changes and provides the Buyer with the opportunity to purchase the Product at a price that has been adjusted, taking into account the amended VAT rate, or to cancel the order. The order is not fulfilled until the Buyer’s response is received. In the event that the Buyer cannot be contacted using the contacts provided by the Buyer, it is assumed that the order has been canceled and the Buyer is informed of this in writing.
   • 9.4. The prices of the goods do not include the costs of order preparation, delivery and handling of the goods. The cost of delivery, which is indicated in the online store, may change. Current delivery prices are provided in the “Delivery and receiving of goods” section.
   • 9.5. Considering the fact that the Seller’s online store offers a very wide range of Products, despite all reasonable efforts of the Seller, it cannot be excluded that the price of the Product may be indicated incorrectly due to a technical error independent of the Seller. In the event that the Seller determines that the price of the Goods has been indicated incorrectly, the Seller shall inform the Buyer of this by e-mail or through other means of communication (telephone or SMS) and cancel the order. If the Buyer wishes to purchase the same Product at the new correctly stated price, it must be re-ordered.
   • On the application of reverse VAT
   • 9.6. The reverse VAT payment procedure is applied to goods covered by the legislation of the Republic of Latvia. Reverse VAT is not applied if the VAT payer who placed the order does not pay from his bank account. No rebates are granted when reverse VAT is applied.
10. Payment
    • 10.1. The Buyer can pay for the Goods:
      • a) in cash or with a bank card, upon receiving the goods, in accordance with the conditions specified in the “Payment” section;
      • b) by bank transfer to the Seller’s account specified in the VAT prepaid invoice;
      • c) payment (credit or debit) card;
      • d) for payment using the services of leasing partners;
      • e) by direct bank order using partner services.
    • 10.2. Legal entities are advised to indicate the company registration number in the order information for faster payment identification.
    • In this way, the order will be confirmed in the system faster and its execution will start faster.
    • 10.3. The receipt of payments is ensured by third parties who are not parties to the Agreement concluded between the Buyer and the Seller. Third parties who are entitled to provide non-cash payment services are responsible for the processing of Buyers’ data in accordance with the laws and regulations governing the protection of personal data and data security.
    • 10.4. If the Buyer chooses Rule 10.1. c. and e. method of payment specified in points, the Buyer is obliged to confirm the payment order in the Buyer’s bank no later than 12 (twelve) hours after pressing the “Order” button. By not confirming the payment order within the specified term, the Seller has the right to consider that the Buyer refused to conclude the contract and cancel the order.
    • 10.5. The Goods selected by the Buyer are reserved in the Seller’s system and the Seller starts fulfilling the order:
      • a) when the Seller receives a notification from the Buyer’s bank about the payment made for the selected goods – Rule 10.1. b., c. and e. in case of point;
      • b) when confirmation of funding allocation is received – Rule 10.1. d. in case of point;
      • c) immediately, after the execution of the order, as provided for in Clause 10.1 of the Rules. a. in the case of point.
    • 10.6. The Internet store does not provide “Tax Free” services.
    • 10.7. Detailed information related to payment is provided in the “Billing” section.
11. Obligations of the buyer
    • 11.1. The buyer undertakes to provide only correct and complete information in the purchase form. If the information specified in the registration form changes, the Buyer is obliged to update it immediately.
    • 11.2. The buyer undertakes to use the online store honestly and correctly, not to harm its work or stable operation. If the Buyer does not comply with this obligation, the Seller has the right to limit, stop (terminate) the Buyer’s ability to use the online store without prior notice, and the Seller is not responsible for any losses of the Buyer related to it.
    • 11.3. The buyer is obliged to pay for the ordered Goods and accept them in accordance with the procedures set out in these Terms.
    • 11.4. Despite the obligations stipulated in other clauses of the Regulations, the Buyer undertakes to inspect the Product before starting to use the Product (including before assembling it, assembly, etc.) and to make sure that the Product received is the one the Buyer ordered.
    • 11.5. The buyer is obliged to comply with other requirements provided for in these Terms and legal acts of the Republic of Latvia.
12. Responsibilities of the seller
    • 12.1. The seller undertakes:
      • a) make every effort to ensure the conditions for the Buyer to properly use the services provided by the online store;
      • b) respect the Buyer’s privacy, process the Buyer’s personal data only in accordance with the procedures specified in the Regulations, Privacy Policy and legal acts of the Republic of Latvia.
    • 12.2. The seller undertakes to comply with all requirements specified in these Terms.
13. Manufacturer’s warranty
    • 13.1. Some of the Goods sold by the Seller are covered by a manufacturer’s warranty. Warranty information and applicable conditions are set out in the manufacturer’s warranty provided with the Goods.
    • 13.2. The manufacturer’s warranty supplements the Buyer’s rights related to poor-quality Goods.
    • 13.3. The warranty obligations of the product manufacturer are valid only if the product operating rules have not been violated. Before using the Product, the Buyer must carefully read the Product’s operating instructions, if any.
14. Product quality
    • 14.1. The seller guarantees the quality of the Goods (legal quality guarantee). The Seller provides a quality guarantee valid for a certain period of time for various types of Goods, the specific term and other conditions of which are specified in the documents submitted together with the Goods.
    • 14.2. Product photos are for illustrative purposes only, original products may differ from those shown. The posted product photos cannot be used as a basis for claims. The product is considered appropriate if it corresponds to the sample, model or description provided in the online store.
    • 14.3. The warranty provided by the seller does not limit the Buyer’s rights, which are determined by the laws of the Republic of Latvia when purchasing goods of inadequate quality.
15. Warranty and Buyer’s rights in case of non-conforming goods
    • 15.1. Product defects are eliminated, as well as non-conforming Products are replaced or returned, based on the procedure established in these Terms and taking into account the requirements of the applicable legislation of the Republic of Latvia.
    • 15.2. A buyer who wants to file a complaint about low-quality or incompletely packaged Products can do so in the store or by e-mail at info@leafycalm.com, by returning the possibly non-compliant Product, taking into account that:
      • 15.2.1. purchased goods can be returned to the store, address: Brīvības iela 312-11, Rīga, LV-1006.
    • 15.3. When submitting a complaint, the Buyer must provide the following information:
      • a) Product invoice and order number. If possible, the Buyer shall attach an invoice so that the Seller may consider the Buyer’s complaint as soon as possible;
      • b) indicate the Product’s defect, signs of damage or missing part;
      • c) other evidence must be submitted, such as a photograph of the Product, a photograph of the poor-quality area (if it is a mechanical damage and it is possible to photograph it), a photograph of the Product’s packaging, etc. c.
    • 15.4. When submitting a complaint, the Buyer must indicate one of the ways in which the Buyer wishes the claim to be resolved:
      • a) The Seller, without compensation, corrects the non-conformity of the Product within a reasonable period of time – defects, if the defects can be removed in accordance with the warranty provisions;
      • b) to reduce the purchase price accordingly, taking into account the wear and tear of the Product or the benefit that the Buyer has obtained when using the Product, and which the Seller and the Buyer have agreed upon;
      • c) replace the Product with an analogous Product of appropriate quality without compensation within a reasonable period of time, except in cases where the defects are minor/insignificant or they arose due to the Buyer’s fault;
      • d) cancel the Agreement and refund the amount of money paid to the Buyer for the Product, except for the case where the non-conformity of the Product is minor and cannot significantly affect the Buyer’s ability to use the Product. The non-conformity of the Product is considered minor if it does not significantly reduce the quality of performance of the basic functions of the Product or the characteristics of use and it can be eliminated without causing visually detectable changes in the external appearance of the Product.
    • 15.5. When considering a complaint, the answer is given within 15 (fifteen) days from the day of receipt of the complaint. If, due to objective reasons, it is not possible to provide an answer to the Buyer’s complaint within the mentioned term, the Seller immediately informs the Buyer about it in writing, indicating a reasonable term in which the answer will be given, as well as justifying the need for such an extension.
    • 15.6. The Buyer can also inquire about warranty maintenance issues by phone +371 28688626 or by asking questions by writing to e-mail: info@leafycalm.com.
    • 15.7. Products of possibly inadequate quality are first delivered to the Seller’s warranty service. Only by establishing that the Product is a Product of inadequate quality, the Buyer’s request for Products of inadequate quality can be fulfilled.
    • 15.8. The duration of warranty service is from 7 to 30 (seven to thirty) calendar days. In exceptional cases, if the Products are sent to warranty service centers in another EU country, the product warranty service process may last from 14 to 70 (fourteen to seventy) calendar days, depending on the nature of the product. We emphasize that in all cases we try to implement the warranty service process in the shortest possible period of time.
    • 15.9. Personal data of the Buyer must not be present in the devices that are delivered for warranty service. The seller is not responsible and does not bear the expenses for the information contained in the equipment submitted for warranty service, the recovery and restoration of such information.
    • 15.10. Uncollected Goods handed over for warranty service are stored for 3 (three) months. This term starts counting from the first notification to the Buyer, using the contact information provided by him (phone, e-mail address, etc.), that the Buyer can receive the Product returned from the warranty service center. If the Buyer does not receive the Goods within the specified period, the Seller has the right not to store the Goods, the Goods may be disposed of. In such a case, the Seller is not responsible for the Buyer’s information remaining in the unreceived Product and other Buyer’s losses that occurred in connection with such destruction of the Product.
    • 15.11. If the Buyer (consumer) finds the Product of inadequate quality and wants to return it, the Seller undertakes to ensure the return of the Product to the Buyer, reimbursing the Buyer (consumer) for the costs of returning the Product. If the Buyer chooses a method of returning the Product that is different from the method of return offered by the Seller, resulting in disproportionate and higher expenses, the Seller is not obliged to cover such costs of returning the Products.
    • 15.12. Bulky Goods that do not comply with the terms of the Agreement and Goods heavier than 30 kilograms are delivered by the Seller at his own expense, if the Agreement is concluded with a consumer (natural person), for the elimination of defects, exchange or cancellation of the Agreement. If the Seller refuses to deliver the product, the Buyer (consumer) has the right to deliver the product himself or with the help of a third party, but at the expense of the Seller. In that case, the Seller undertakes to compensate the Buyer (consumer) for the costs of returning the Product, incurred by the Buyer in connection with the delivery of the Product to the Seller, within 3 (three) working days after receiving the document confirming the expenses.
16. Liability
    • 16.1. The buyer is responsible for the actions performed using the online store, including, but not limited to, the correctness of the data provided in the purchase form. The buyer assumes responsibility for the consequences caused by errors or inaccuracies in the data provided in the registration form.
    • 16.2. When filling out the purchase form in the online store, the Buyer is responsible for storing and (or) transferring his login data to third parties. If the services provided in the online store are used by third parties connected to for an online store, using the Buyer’s login data, the Seller considers such a person to be a Buyer and the Buyer is responsible for all actions of such a third party performed in the online store.
    • 16.3. The Seller, to the extent that it does not conflict with the applicable laws, is released from any responsibility in cases where losses occur because the Buyer, disregarding the Seller’s recommendations and his own obligations, did not familiarize himself with these Terms, this Privacy Policy and other documents specified in the Terms, in order to but such an opportunity was provided for it.
    • 16.4. The Buyer is obliged to ensure the safe storage of his connection to the online store data and not to disclose them, as well as to ensure that the data is known only to himself and the data is used only by the Buyer himself, as well as not to transfer or in other ways not to create an opportunity for other persons to get acquainted with this data or to use it . If you suspect that the login data could have been obtained by another person, you must immediately notify the Seller about it, as well as immediately inform the Seller about the violation or disclosure of the login data to the online store. All actions performed using the Buyer’s identification code are considered to be performed by the Buyer, and the Buyer assumes full responsibility for the consequences of such actions.
    • 16.5. The parties are responsible for the violation of the Agreement concluded using the online store in accordance with the procedures specified in the legal acts of the Republic of Latvia.
    • 16.6. In the event that the Seller violates the terms of these Terms, he is responsible for the damage or losses incurred by the Buyer as a foreseeable consequence of the violation of these Terms. Damage or loss is considered foreseeable if it is an obvious consequence of the Seller’s breach or if the Seller and the Buyer were aware of such damage or loss at the time of concluding the Agreement.
    • 16.7. The Seller supplies the Goods only for household needs and personal use. The Buyer undertakes not to use the Goods for sale for commercial, business or resale purposes, and the Seller shall not be liable for any lost profits, business losses, disruptions or losses related to lost business opportunities of the Buyer.
    • 16.8. The Seller is not responsible for the information provided on the websites of other companies, even if the Buyers get to these websites using the indication in the Seller’s online store.
17. Events beyond the Seller’s control
    • 17.1. The Seller is not responsible for non-performance or delayed performance of the Agreement or any obligations specified in the Agreement, if such non-performance or delay is due to force majeure.
    • 17.2. In the event of an event beyond the Seller’s control affecting the proper performance of the Seller’s obligations under the Agreement:
      • a) The Seller will immediately inform the Buyer; and
      • b) The performance of the Seller’s obligations arising from the Agreement will be suspended and the deadline for performance will be extended by a period equal to the duration of the event beyond the Seller’s control. If events beyond the Seller’s control affect the delivery of the Goods to the Buyer, the Seller will agree a new delivery date after the end of the Seller’s Event Outside the Seller’s Control.
18. Sending Information
    • 18.1. The term “in writing” as used in the Terms also includes e-mails.
    • 18.2. The Buyer, in order to contact the Seller in writing or in the event that the Terms stipulate the Buyer’s obligation to contact the Seller in writing, sends the Seller an e-mail to the address info@leafycalm.com or a regular letter addressed to SIA “A.U. Holding” at the address Brīvības iela 312-11, Rīga, LV-1006. The Seller will inform the Buyer in writing of the receipt of the notice (usually by e-mail). The procedure for the Buyer to contact the Seller for the purpose of exercising the right of refusal and withdrawing from the Agreement is provided for in Clause 7 of these Terms.
      18.3. The Seller sends all notifications to the Buyer to the e-mail address specified in the Buyer’s purchase form.
19. Other provisions
    • 19.1. Any Agreement concluded between the Seller and the Buyer shall be governed by these Terms together with the documents expressly specified in the Terms. Any deviations from these Terms are valid only if they are made in writing.
    • 19.2. The buyer, taking into account the legislation of the Republic of Latvia, has certain rights related to Goods of inadequate quality. Nothing in these Terms should be construed to limit or restrict the exercise of such rights.
    • 19.3. The Seller has the right to transfer its rights and obligations under the Agreement to a third party or persons, but the transfer of such rights and obligations will not have any effect on the Buyer’s rights and the Seller’s obligations under these Terms. In case of such a transfer, the Seller will inform the Buyer by providing information about the transfer in the online store.
    • 19.4. The Buyer has no right to transfer all or part of the rights or obligations arising from these Terms to a third party or persons without the written consent of the Seller.
    • 19.5. If any of these Terms is found by a court to be illegal, invalid or unenforceable, the rest of these Terms will remain in full force and effect. Any provision of these Terms that is found to be illegal, invalid or unenforceable only in part or to a certain extent will remain in effect to the extent that it was not found to be illegal, invalid or unenforceable.
    • 19.6. The laws of the Republic of Latvia are applicable to these Terms and relations between the parties in accordance with these Terms (including issues of conclusion, validity, application and termination of the Agreement), and they are interpreted on the basis of the laws and regulations of the Republic of Latvia.
    • 19.7. Every dispute, disagreement or claim arising from these Terms or related to these Terms, their violation, termination or validity, shall be finally resolved in accordance with the procedures specified in the regulatory acts of the Republic of Latvia.
    • 19.8. Disputes between the Buyer and the Seller shall be resolved through mutual negotiations. If the Seller refuses to satisfy the Buyer’s complaint or the Buyer does not agree with the solutions offered by the Seller and determines that his rights or interests were violated, the Buyer can submit a complaint to the Consumer Out-of-Court Dispute Resolution Commission, located at Brīvības iela 55, Riga, Latvia, LV-1010, which resolves consumer disputes disputes (more information on dispute resolution is available at http://www.ptac.gov.lv/lv).
    • 19.9. In addition to the above, the Buyer can use the electronic dispute resolution platform (ODR) to resolve disputes regarding goods or services purchased on the website. More information http://ec.europa.eu/odr.