Distance agreement
1. General conditions
1.1. These terms of purchase and sale of goods (hereinafter – “Terms”) provide for the general conditions of SIA Ummly’s online store www.ummlyfood.com (hereinafter – “Ummly’s store”). The Terms are applicable if the Buyer selects, orders and purchases the goods offered in the Ummly store or uses the services provided by the Ummly store in any other way. 1.2. Ummly store is a retail online store, which is oriented towards Consumers who purchase goods for personal, family, household needs, or for a purpose that is not related to their economic or professional activities. 1.3. The sale of goods in the Ummly store is organized, fulfilled and related services are provided to the Buyer by SIA “Ummly”, registered address: S. Edžus iela 2-53, Jelgava, reg. No. 42103090960. (hereinafter – “Seller”). The Ummly store sells goods owned by the Seller. 1.4. Buyers in these Terms are persons who shop in the Ummly store or use other services of the Ummly store. The right to use the Ummly store and shop in it is (a) natural persons (b) to legal entities on whose behalf executive bodies or authorized representatives act. 1.5. By registering or submitting an offer, the Buyer confirms that he has the right to shop in the Ummly store, that is, he complies with Clause 1.3 of the Rules. to the provisions of paragraph 1.6. Together with the order of goods submitted by the Buyer, these Terms become a contract concluded between the Buyer and the Seller and are a binding legal document for both parties. The contract is considered concluded if the Buyer prepares and submits an order for goods in the Ummly store, makes payment in accordance with the procedure and deadlines specified in the Regulations (if the Buyer has chosen to pay for the goods at the time of ordering) and the Seller sends a confirmation that the Buyer’s order has been accepted to the e-mail indicated by the Buyer . The contract is valid until the fulfillment of the obligations of the parties arising from this contract, if the Buyer has not paid for the delivery of the goods in advance, but for the above reasons the goods cannot be handed over to the Buyer, the Buyer must pay the Seller the costs of delivering the goods. The Buyer also has the right to unilaterally cancel the order by sending an e-mail to the Seller at info@ummlyfood.com before the delivery of the order. In this case, the money paid by the Buyer for order fulfillment is transferred to the Buyer’s account within 5 working days. However, if upon receipt of the Buyer’s refusal, the delivery of the order has already begun, the Seller is entitled to withhold the delivery fee from the amount to be refunded to the Buyer. 1.7. The buyer is not entitled to place an order for goods in the Ummly store if he is not familiar with the Terms and (or) does not agree to them. In cases where the Buyer does not agree with the Terms or a certain part of them, he will not be able to order goods in the Ummly store. By ordering goods in the Ummly store, it is considered that the Buyer has familiarized himself with the Terms and agrees to them. 1.8. The seller reserves the right to unilaterally amend, correct or add to the Terms. When shopping in the Ummly store, the Terms are applicable to the Buyer, which are valid at the time of submitting the order and are published in the Ummly store, therefore the Buyer should familiarize himself with the Terms every time he makes a purchase. If the Buyer places an order after the amended Terms have been published in the Ummly store, it is considered that the Buyer is familiar with the new amendments and agrees to them. 1.9. The Seller is exempt from liability without any objections if the Buyer is partially or completely unfamiliar with the Terms. 1.10. The Seller, taking into account the technical capabilities of the Ummly store system, has the right to limit the number of registered Buyers by unilaterally deleting Buyer profiles. 1.11. The Seller has the right to unilaterally limit the Buyer’s use of the Ummly store services or cancel the Buyer’s registration without warning, if the Buyer uses the Ummly store in violation of these Terms, attempts to harm the orders to be fulfilled, work stability and (or) security of the Ummly store. 1.12. Taking into account Rule 1.2. point and aiming to meet the needs of retail Consumers first, the Seller reserves the right to limit purchases that have wholesale characteristics, i.e. the Seller has the right to refuse to accept and (or) fulfill the Buyer’s order(s) by electronically notifying the Buyer of this, if the Buyer orders in retail in an unusual manner large quantities of goods (regardless of whether the goods are ordered in one order or several orders submitted in a relatively short time) and (or) if the Buyer’s order(s) have other characteristics of wholesale purchase. 1.11. In the event of important circumstances, the Seller may temporarily or completely terminate the operation of the Ummly store without notifying the Buyer in advance. In this case, the Seller returns to the Buyers the money they paid for the undelivered orders within 5 (five) working days.
1.12. The Seller hereby informs, confirms and guarantees to the Buyer that, as a Seller, he is authorized to organize and fulfill the sale of goods belonging to the Seller in the Ummly store and to provide the Buyer with other services related to the sale of goods, as specified in these Terms.
2. Registration and processing of personal data
2.1. A buyer who wants to use the Ummly store and buy the goods offered there has the opportunity to register in the Ummly store system by filling out the registration form. The following personal data of the Buyer must be indicated in the registration form: name, surname, e-mail address, delivery address of goods, telephone number registered in Latvia, other data necessary for the delivery of goods. The authorized representative of the legal entity indicates the name of the legal entity instead of the first and last name.
2.2. The buyer is responsible for ensuring that the data provided in the registration form is accurate, correct and complete. If the data specified in the Buyer’s registration form changes, it must immediately update it. The Seller is under no circumstances responsible for losses incurred by the Buyer and (or) third parties due to the Buyer providing incorrect and (or) incomplete personal data, or failing to update them.
2.3. The buyer has the right to freely change the registration data, supplement or cancel his registration at any time.
2.4. When registering, the Buyer creates individual login data (user name and password) and undertakes to keep them confidential and not to disclose them to third parties. In an effort to reduce the risk of illegal access to the Ummly store on behalf of the Buyer, it is recommended to create a complex, hard-to-remember password (it is recommended to create a password of no less than 8 symbols, using upper and lower case letters, numbers and punctuation marks, avoid easy-to-remember words (Buyer’s name, surname, etc. ) And (or) numbers (eg date of birth) etc.) And change it at least every 6 (six) months. The Buyer is responsible for the complexity of the login data created by it and its storage, as well as for any actions (transfer of data, submitted product orders, user comments, etc.) performed in the Ummly store by joining with the Buyer’s individual username and password. If the services provided by Ummly are used by third parties by connecting to the online store using the Buyer’s login data, the Seller considers this person as the Buyer. If the Buyer loses the login data, he must immediately inform the Seller about it by mail, phone or by sending an electronic letter, or change the login data by joining the Ummly store system in the “My Account” section. The Seller cannot and will not be considered responsible for the occurrence of losses caused to the Buyer or third parties by connecting to the Ummly store using the Buyer’s login data. The security of login data is essential in the case of payments with debit or credit cards (see point 3.3.2).
2.5. The customer’s personal data will be processed in accordance with the Privacy Policy. If the Buyer uses the services of the Ummly store, it is considered that he agrees to the processing of the customer’s personal data and confirms that all the information and personal data provided are correct and true.
2.6. The buyer’s personal data will be processed for direct marketing purposes only with the buyer’s consent. The buyer’s consent is expressed by filling out the registration form and marking the appropriate fields specified in these Terms.
3. Product prices, payment procedures and deadlines
3.1. Product prices in the Ummly store and in the created order are indicated in euros. Goods are sold to the Buyer at the prices valid in the Ummly store at the time the order is submitted.
3.2. The buyer pays for the product in one of the following ways:
3.3.1. payment in cash upon receipt of order,
3.3.2. payment by bank transfer after placing the order,
3.3.3. payment by direct bank payment.
3.4. For the buyer, choosing to pay for the goods at the time of ordering them in accordance with Rules 3.3. point, the Buyer undertakes to pay for the ordered goods immediately, but no later than within 1 (one) hour from the moment of submitting the order. Only when the Seller receives from the operator of the payment system of his choice the appropriate payment of the Buyer for the goods and the confirmation of their delivery (transportation), the Seller starts the execution of the order and from that moment the term of delivery of the goods comes into effect.
3.5. If the Buyer has chosen to pay for the goods at the time of ordering them in accordance with Clause 3.3.2 of the Rules, the Seller has the right, without prior notice to the Buyer, to cancel the order if the Buyer does not pay for the goods within 1 (one) hour from the moment of submitting the order.
3.7. The buyer, if he is a legal entity, has the right to pay for the goods by paying the prepaid invoices issued by the Seller (by choosing such payment method). Upon receiving the prepaid invoice, the Buyer makes the payment using the received prepaid invoice. The Buyer transfers the money to the Seller’s account within the term specified in the advance payment invoice.
4. Assembling and delivery of goods
4.1. Ummly store sales can be made and goods can be received in one of the following ways: 4.1.1. according to the delivery schedule – within 7 working days from the moment of receiving the order in Riga and Jelgava, within 1 working day of receiving the order on site. The trading territory is determined by a unilateral decision of the Seller. The goods are delivered by the Seller or its authorized representative, 4.1.2. via courier service, if the following option is offered in the Ummly store when placing an order, 4.1.3. in the shop of the production plant at the address “Industrial Parks”, Glūdas parish, Nākotne, Jelgava region. 4.2. The payment that is specified in the “Delivery” section of the Ummly store website and is valid at the time of submitting the goods order is applicable for the goods delivery service. The payment for the delivery of goods can be both fixed and dependent on the value of the goods ordered by the Buyer and (or) the delivery term. 4.3. The Seller has the right to unilaterally determine the delivery fee and the minimum shopping cart amount, i.e. the minimum amount for which the Buyer must select and order goods in the Ummly store, in order for the order to be fulfilled. The minimum shopping cart amount can be found in the “Delivery” section of the Ummly store. The minimum shopping cart amount does not include the delivery fee. 4.4. The Seller will make every effort to fulfill the Buyer’s order in full, but cannot and does not give any guarantees. If at the place of completing the order, there is no balance of the ordered goods or a sufficient quantity of the goods, the Seller reserves the right not to deliver the goods, to deliver a smaller quantity of goods, or to offer a product that is analogous to the product ordered by the Buyer or, as far as possible, similar in terms of its characteristics. 4.5. If the price of the similar item chosen by the Seller is lower than what the Buyer has paid, the difference between the paid and the actual price shall be refunded to the Buyer’s account no later than within 5 (five) working days from the delivery of the goods. If the price of the similar item is higher, the Seller confirms that the Buyer will not need to pay extra. 4.6. If the Buyer is not satisfied with the replacement item chosen by the Seller, he can return the item to the Seller’s representative who delivered the item, during the delivery of the shipment. The fact of return must be noted on the invoice or delivery note. 4.7. The Buyer, upon accepting similar goods delivered by the Seller, may later return them (except for goods for which the right of withdrawal cannot be used in accordance with regulatory enactments) only in the “Right of withdrawal” section of these Regulations. Exchange and return of goods” in the specified cases and procedures. 4.8. If the Buyer has paid for the goods at the time of ordering, the money for the goods paid by the Buyer but not delivered by the Seller, as well as for similar goods returned by the Buyer during the delivery of the shipment, shall be refunded to the Buyer’s account no later than within 5 (five) working days from the delivery of the shipment. 4.9. The goods ordered by the buyer can be delivered to the address registered by the buyer in the Ummly store system. The Buyer undertakes to accept the goods himself within the time window chosen by him or, when placing the order, to indicate in the comments section the person who is entitled to receive the order on behalf of the Buyer (for the Buyer – a legal entity – this requirement must be fulfilled). 4.10. In that case, if the Buyer or the recipient specified in the Ummly store system cannot be found at the delivery address specified in the Ummly store system, the Seller has the right to hand over the goods to any other person at the specified address, but the Buyer does not have the right to make any claims to the Seller regarding the delivery of goods to an inappropriate entity. 4.11. If the delivery of the goods is not possible due to the fault of the Buyer or due to circumstances dependent on the Buyer (the Buyer has specified an incorrect address when registering in the Ummly store system, the Buyer or the recipient specified by the Buyer cannot be found at the indicated address, repeated goods cannot be sent (except in cases where the Buyer pays additionally for repeated goods delivery), but the money previously paid for the goods is refundable, with the exception of the goods delivery fee. In that case, if a delivery payment discount was applied to the Buyer at the time of submitting the order, but the delivery of the goods was not possible due to the Buyer’s fault or due to circumstances dependent on the Buyer, the Seller reserves the right to deduct from The amount of money to be refunded to the buyer is the full cost of delivery of the goods (which is valid at the time of submitting the order for the goods), without taking into account the discounts applied at the time of submitting the order. 4.12. The Seller delivers the goods to the Buyer within the time window chosen by him. The buyer agrees that in exceptional cases the delivery of goods may be delayed due to unforeseen circumstances beyond the control of the seller. In that case, the Seller undertakes to immediately contact the Buyer and coordinate the delivery time of the goods. 4.13. In all cases, the Seller shall be released from responsibility for violating the terms of delivery of goods, if the goods are not delivered to the Buyer or are not delivered on time due to the fault of the Buyer or due to circumstances dependent on the Buyer.
4.14. During the delivery of the goods, the Buyer or the person designated by him together with the Seller’s representative (courier) checks the condition of the shipment, as well as the compliance of the delivered goods with the order. If the buyer or the person indicated by him does not check the condition of the shipment, the package of the delivered goods and (or) does not record the data on damage to the shipment in accordance with the procedure specified in this paragraph, the shipment is considered to have been delivered in accordance with the order made and in proper quality.
4.15. In those cases when, during the acceptance of the goods, the Buyer has noticed that the shipment does not contain the appropriate quantity of goods or the delivered goods do not correspond to the goods ordered and this is not indicated in the invoice or delivery note, the Buyer must immediately (during the delivery of the goods) inform the Seller about this. If the Buyer finds that the delivered goods are of inadequate quality, he does not accept the poor-quality goods and must return them to the courier, but note the fact and reason for returning the goods by sending an e-mail to info@ummlyfood.com
5. Product quality guarantee and expiration date
5.1. The characteristics of all goods sold in the Ummly store are generally indicated in the description of each item. The manufacturers and (or) distributors of the goods are responsible for the information about the characteristics of the goods (their correctness), but the Seller is only responsible for the correct indication (handover) of this information to the Consumers, unless the regulatory enactments stipulate otherwise.
5.2. The seller is not responsible for the fact that the color, shape or other parameters of the goods in the Ummly online store may not correspond to the actual size, shape and color of the goods, due to the characteristics of the screens (monitors) used by the Buyer or other technical reasons, as well as taking into account reasonably possible inconsistencies in the image .
5.3. In those cases where, in accordance with the laws and regulations, the goods have an expiration date, the Seller undertakes to sell such goods to the Buyer in such a way that he is given a real opportunity to use the goods until their expiration date.
6. Right of withdrawal. Exchange and return of goods
6.1. The buyer has the right to use the right of refusal and unilaterally withdraw from the contract of purchase and sale of goods concluded in the Ummly store, by notifying the Seller in writing no later than 5 (five) calendar days from the day of delivery of the goods. The Buyer sends a free-form notice clearly identifying the Buyer (name, surname) and the date of the order on the exercise of the right of refusal, duly specifying all the necessary data, to the Seller by e-mail: info@ummlyfood.com.
6.2. Upon submission of a written notification on the exercise of the right of withdrawal, the Buyer must return the product (if it was delivered) in accordance with Article 6.6 of these Regulations no later than within 5 (five) calendar days after the notification on the exercise of the right of withdrawal has been sent. in accordance with the procedure specified in paragraph The buyer is responsible for the decrease in the value of the goods during the exercise of the right of withdrawal.
6.3. 6.1 of the Rules. The right of refusal specified in paragraph 1 can only be used by the Buyer who, according to the provisions of the Consumer Rights Protection Law of the Republic of Latvia, is recognized as a Consumer, i.e. 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 it economic or professional activity.
6.4. The Buyer (Consumer) cannot use Rule 6.1. the right of refusal specified in paragraph 1, if any of the following conditions can be found:
6.4.1. the product is perishable or soon to expire;
6.4.2. The consumer has opened the packaging of the product, which cannot be returned due to health and hygiene reasons;
6.4.3. in other regulations of the Cabinet of Ministers of May 20, 2014 no. 255 “Rules on the distance contract” in the cases provided for.
6.5. The Buyer (Consumer) has the right to submit a claim to the Seller for a product that does not comply with the Terms of the contract in accordance with the Law on the Protection of Consumer Rights and to use the rights provided for in the aforementioned law in accordance with the procedures prescribed by law.
6.6. The product that does not comply with the Terms of the Agreement or the product in respect of which the right of refusal has been used or which is returned in accordance with the Terms 6.8. point, the Buyer returns the Seller’s production facilities to the shop at the address “Industrial Parks”, Glūdas parish, Nākotne, Jelgava province, free of charge, having previously agreed with the Seller via e-mail info@ummlyfood.com about the time of returning the goods. The costs related to the return of the goods are borne by the Buyer. If the Buyer wants to return the goods during their delivery, the goods must be returned to the Seller’s representative (courier) who delivered them.
6.7. When returning or exchanging goods purchased in the Ummly store, the Seller has the right to request to fill out the return or exchange form submitted by the Seller.
6.9. Quality goods to be returned or exchanged, or goods subject to the right of withdrawal, must be undamaged, must not have lost the sales appearance of the goods (labels not removed and damaged, protective film not torn off, etc.), use characteristics and cannot have been used. The goods must be returned in their original packaging, in the same package in which the Buyer received them, a confirmation of the purchase of the goods must be submitted. If the goods are not complete, are damaged, messy or not properly packed, the Seller has the right not to accept the goods, not to exchange them and not to return the money paid for the goods to the Buyer.
6.10. For goods for which the Buyer has exercised the right of withdrawal, the money paid, including delivery costs, must be refunded to the Buyer’s account no later than 14 (fourteen) days from the date of receipt of the Buyer’s notice of exercise of the right of withdrawal. If the Buyer, after ordering the goods had clearly expressed a desire to use a delivery method that is not the cheapest standard delivery method offered by the Seller, the Seller is not obliged to reimburse the Buyer for the additional delivery costs incurred as a result. The Seller has the right to withhold the refund of the amount paid by the Buyer until the Seller has received the goods or the Buyer has submitted to the Seller a confirmation that the goods have been sent back, depending on which action has been taken earlier.
6.11. When returning or exchanging high-quality goods that comply with the Buyer’s order, as well as goods that do not comply with the contract, the Seller shall pay according to Rule 6.10. point, however, the buyer can return the goods delivery fee he paid only in the event that all the goods purchased with the purchase are returned. The delivery fee is returned together with the refundable amount for the goods purchased by the Buyer.
7. Exchange of information
7.1. The Seller sends all notifications and otherwise communicates with the Buyer via the e-mail address or phone number specified in the registration form. 7.2. The buyer sends all notices and questions and otherwise communicates by e-mail (info@ummlyfood.com) or phone (+371 28295192).
8. Termination Terms and Dispute Resolution
8.1. These Regulations have been prepared in accordance with the laws and regulations of the Republic of Latvia.
8.2. The legal norms of the Republic of Latvia are applicable to relations that have been established on the basis of these Terms.
8.3. In the event of losses, the guilty party compensates the other party for losses in accordance with the procedures specified in the regulatory acts of the Republic of Latvia.
8.4. Any dispute that arises between the Buyer and the Seller shall be resolved through negotiation, with the parties to the dispute trying to reach an agreement.
8.5. If the dispute between the Buyer (Consumer) and the Seller cannot be resolved through negotiation, the Buyer (Consumer) submits a written submission to the Seller (electronically submitted submissions do not require a signature), which states:
1) your name, address and contact information;
2) date of submission of the application;
3) the essence of the dispute, your claim and its justification.
8.6. Copies of documents confirming the transaction, as well as other supporting documents (if possible) are attached to the submission.
8.7. Within 15 (fifteen) working days from the date of receipt of the application, the Seller provides the Buyer (Consumer) with a written response to the application and informs about the possible way of fulfilling the claim or resolving the dispute, if no agreement has been reached on the fulfillment of the Consumer’s claim or an alternative way of fulfilling the claim within the said period. If, due to objective reasons, it is not possible to provide an answer to the Consumer’s application within the above-mentioned deadline, the Seller immediately informs the Consumer about it in writing, specifying a reasonable deadline in which the answer will be provided, as well as justifying the need for such an extension.
8.8. If the Seller believes that the Buyer’s (Consumer’s) claim is not justified, or is ready to offer the Consumer another solution to the dispute, it shall inform the Consumers of this in writing, Article 8.7. within the term mentioned in paragraph The seller is obliged to substantiate the refusal of the consumer’s claim.
8.9. If the Buyer (Consumer) is satisfied with the solution offered by the Seller, the dispute is considered resolved.
8.10. If the Seller does not provide an answer to the Buyer’s (Consumer’s) application, Rule 8.7. within the term specified in paragraph, it is considered that the Seller refuses to fulfill the Consumer’s request.
8.11. If the Seller refuses to fulfill the Buyer’s (Consumer’s) request or the Consumer is not satisfied with the solution offered by the Seller, the Consumer has the right to appeal to:
1) In the Consumer Rights Protection Center to receive help in resolving the dispute;
2) In the consumer out-of-court dispute resolution commission,
website http://www.ptac.gov.lv/lv/content/pateretaju-stridu-risinasanas-komisija-0, which resolves disputes in the field in which the Seller operates;
or using the platform
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooselanguage
3) In the Consumer Dispute Resolution Commission, if the help provided to the Consumer in the Consumer Rights Protection Center in resolving the dispute has not provided a result and in the relevant field it is possible to convene the Consumer Dispute Resolution Commission for consideration of the dispute in court.
