Terms & Conditions - ETMO

1. General

These terms and conditions set out the basis on which you can use our website and place orders for our items.

The owner of this web page and the supplier of the items is SIA ETMO, registered in the Republic of Latvia under registration number 40103673421, legal address Lēdurgas street 26, Jūrmala, LV-2011, Latvia (hereinafter – ETMO). You may contact us by sending an email to info@etmo.lv, by calling us on 00 371 29134999 or by visiting us in our shop located in Torna Street 4-3A, Riga, LV-1050, Latvia.

By accessing this website and ordering items from us, you are deemed to have understood and accepted the current version of these terms and conditions, and acknowledge that these may be updated from time to time without notice. We may contact you for marketing purposes by email, mail or telephone with relevant offers from ETMO or for market research purposes.

2. Prohibitions

You must not misuse this website. You shall not commit or encourage a criminal offence, transmit or distribute a virus or post any other material which is malicious or technologically harmful, hack into any aspect of the service, corrupt data, infringe upon the rights of any other person’s proprietary rights, send any unsolicited advertising or promotional material (“spam”) or attempt to affect the performance or functionality of any computer facilities of or accessed through this website.

We shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.

3. Intellectual Property, Software and Content

All content on this website and on other channels of ETMO (such as Facebook and Instagram ETMO accounts), including but not limited to works, images, pictures, videos, documents, logos, menus, graphics, colours, tools, designs, layouts and software (collectively, “Content”), is the property of ETMO and is protected by national and international copyright and other intellectual property laws.

You may store, print and display the Content supplied solely for your own personal, non-commercial use only. You are not permitted to publish, manipulate, distribute, modify or otherwise reproduce, in any format, any of the Content which appears on this website or other channels of ETMO nor may you use any such content in connection with any business or commercial enterprise or for public display (commercial or non-commercial).

No licence or consent is granted to you to use the Content in any way without the written permission of ETMO. For republishing the Content, please contact us by e -mail: info@etmo.lv.

4. Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

This website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

5. Privacy

In order to ensure customer registration, authorization, trade and delivery services, we are processing personal data indicated by persons ordering the licences and subscribing to ETMO news.

Personal data processing is carried out by ETMO in acccordance with the Physicial Personal Data Protection Law of the Republic of Latvia and European Parliament and Council Directive 95 /46 / EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

ETMO takes all possible measures to ensure the safety of your personal information and to protect it against theft, loss, malicious use as well as unauthorized access, disclosure, modification and damage thereof.

We are under obligation to disclose personal data to state and municipal officials in cases provided by law.

6. Terms of Sale

All orders are subject to availability and confirmation of the order price.

Displayed dispatch times are indicative. They may vary according to availability and are subject to possible changes resulting from postal delays or force majeure for which we will not be responsible. Please see our Delivery information for further details.

In order to make an order from ETMO you must possess a valid credit or debit card. ETMO retains the right to refuse any order made by you and ETMO reserves the right to close your ETMO account at its sole discretion.

ETMO sale procedure is compliant with the Regulation of the Cabinet of Ministers of the Republic of Latvia No. 225 “Regulations on distance contracts”.

6.1. Placing an Order

When placing an order you undertake that all details provided by you are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the items.

When placing an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the items will not be formed until your payment has been approved and we have debited your credit or debit card.

6.2. Pricing and Availability

All prices for items on this webpage are indicated in EUR. All payments for the items shall be made in EUR currency.

All indicated sizes, weights and measurements of the products quoted on this website are approximate. Also, nevertheless we have made every effort to display all product colours accurately, images of the products shown on this website are for illustrative purposes only and we cannot guarantee that the image displayed on your monitor will accurately reflect the true colour of the product delivered to you.

Small irregularities are natural part of this product’s character and have been acknowledged by its designer and maker as an artistic value. Special care should be taken to avoid contact with any objects that may cause damage, such as rings, bracelets, buckles, velcro fasteners etc. Any damage cannot be considered a claim.

All orders for products are subject to availability.

Whilst we try to be as accurate as possible and ensure that all details, descriptions and prices which appear on this website are accurate, errors or inaccuracies may occur. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms or return policies.

If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Where applicable, prices are inclusive of VAT. Delivery costs will be charged in addition; such additional charges are identified clearly where applicable and included in the ‘Total Cost’.

6.3. Payment

Payments via Visa and MasterCard are accepted.

Payment for the items shall be made while ordering them online. Your card will be debited once the order has been accepted.

In certain cases additional verification has to be performed which might affect the automatic payment. If that happens and the automatic payment has failed, please contact us individually.

If for any reason the items that you have ordered are no longer available and can not be supplied then payment will be refunded in full.

6.4. Right of Refusal

Our Return Policy is based upon the legal norms of the Directive No. 97/7/EC of the European Parliament and of the Council on the protection of consumers in respect of distance contracts and Consumer Rights Protection Law of the Republic of Latvia.

The right of refusal is the consumer’s right to withdraw unilaterally from the Distance Contract (to cancel an order) within a specified term without paying any penalty, interest or compensation for loss. You may exercise the right of refusal and withdraw from the contract unilaterally by contacting us individually within 14 (fourteen) calendar days. The term allowed for the exercise of the right of refusal starts from the date when you receive the items. You are entitled to withdraw from the contract within 14 calendar days and return the item to us. In case of return of item you shall be offered to receive a reduced price of the item, have it replaced by a similar or equivalent item or get a full refund for the item that shall be made no later than within 30 days from receipt of a written refusal from you.

Sending a refusal within the specified term of 14 days from the date of receipt of the item terminates the Contract and releases you from any liabilities under the Contract, except for the costs related to returning the items to us. If you use the right of withdrawal within 14 days to return the item, you cover all delivery costs.

Under the terms of the Consumer Contracts Regulations you as the customer have a duty of care for the product whilst it is in your possession. In the event of exercise of the right of refusal you will be liable for any reduction in the value of the item as well as for the preservation of the quality and safety of the item during the term of exercise of the right of refusal. You will be liable for all damages to the item which have occurred during return of the item. Item must be returned in full equipment, and the original package, as well as free of visual damage (scratches, damaged packaging, etc.) – otherwise we have the right not to accept it back. We shall not be entitled to refund the sum of money paid for the item to the consumer until the consumer returns the item or if we find upon receipt of the item that it has been used or is not in a 100% saleable condition and appearance, in the original packaging with all original documents (if such had been enclosed with the item). When starting to use of the goods purchased, You confirm that it complies with the ordered and can no longer be returned.

6.5. Terms of Delivery and customs

The order will be delivered in accordance with the order specified information. The shipping costs depend on the type of delivery, weight of the order package and the delivery address.

Please note that import duties, taxes, and charges may be applied during international trade and are not included in the item price or shipping cost. These might be applied by your local country and are the buyer’s responsibility. Please check with your country’s customs office if additional import duties, taxes or other customs related charges prior placing an order.

For further details please see our Delivery information.

7. Personal Data policy
At ETMO, we are we are committed to protecting the privacy and security of our customers and site visitors. Personal data are processed and stored in a manner that ensures appropriate security and  confidentiality of the personal data.

7.1. What information we collect and why?
When you make a purchase from us, you are entering into an agreement with us. For us to be able to perform the sale and delivery of your order you will be asked to provide some personal information that will only be used for the identification and delivery purposes.

7.2. How do we use your information?
We use your information to be able to identify you as our customer and to deliver your purchase to you. Your email will be used as a contact channel to keep you updated on your purchase while your telephone number may only be used in case there is a certain need to urgently contact you about your order.
If you have subscribed to ETMO’s newsletter we will use your indicated email only to send our newsletter. Should you like to unsubscribe from the newsletter, please inform us by sending an email to info@etmo.lv.
We do not, and will not, sell any of your personal data to any third party. We share data only to be able to provide our services to you, e.g., with payment service providers, IT companies who support our website and delivery companies.
We may disclose specific information about you if required to do so by law, governmental request, process or court order or based on our good faith belief that it is necessary to conform or comply with such law, request or court order or to protect the users of our website or the public.

7.3. How do we protect and for how long do we keep your information?
Any personal information you provide to us is maintained on secure servers and our internal systems. We take appropriate security measures to protect your information against unauthorized access, disclosure or destruction of data.
There is no limitation on how long your personal information is kept by us. We are required to retain it since we may need it to establish, bring or defend legal claims or answer governmental requests on providing details concerning our business.

7.4. Your rights
You have a lot of rights relating to your personal information:
•    The right to be informed about how your personal information is being used
•    The right to access the personal information we hold about you
•    The right to request the correction of inaccurate personal information we hold about you
•    The right to request that we delete your data
•    The right to stop newsletter emails to which you have subscribed
•    The right to request that we transfer or port elements of your data either to you or another service provider
•    The right to complain to your data protection regulator — in Latvia, the Data State Inspectorate (Datu valsts inspekcija)
 
If you have any questions about the data privacy, your rights or want to exercise them please contact us by sending an email to info@etmo.lv.


8. Governing Law and Jurisdiction

These terms and conditions are to be construed in accordance with the laws of the Republic of Latvia and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Republic of Latvia courts.

Any disputes arising from these terms and conditions shall first be addressed through mutual negotiations. If parties are unable to settle the arising disputes through mutual negotiations, all disputes, disagreements or claims shall be settled by courts of the Republic of Latvia.

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