Terms of use

1. GENERAL PROVISIONS

1.1. These terms of use govern the legal relationship between SIA WELIKA, registration code no. LV41503073810, Vienības 5-28, Lociki, LV-5458 (Entrepreneur) and the person who made the purchase (Client), when buying and selling WELIKA products and accessories in the trading environment https://en.welika.net/ (Internet shop).

1.2. In addition to the current terms and conditions, the legal relations arising from the sale of goods through the Internet shop are governed by the laws of the Republic of Latvia.

1.3. The entrepreneur can change the conditions for using the online store, as well as the prices of goods and services. The changes are announced in the online store, and the changes take effect from the moment they are published on the website https://en.welika.net/  . The conditions and prices applicable at the time of its conclusion apply to the transaction.

1.4. The assortment of goods, prices and discounts may differ from the assortment of goods, prices and discounts valid in the retail stores of the Entrepreneur.

2. PRICE
2.1. Product prices are shown on the product description pages; prices include VAT 21%, valid in the Republic of Latvia.

2.2. A delivery fee will be added to the price of the goods, which corresponds to the delivery method chosen by the Client during the checkout process. The shipping method is selected and the shipping fee is calculated in the Shopping Cart.
2.3. If there is a discount code, the discount on the product is calculated after entering the code in the Shopping Cart.
2.4. Bonus euros used in the purchase are counted on the basis of the product, depending on the value of the product.

3. PLACEMENT OF ORDER
3.1. Having selected the product and, if necessary, the size, the Client adds the product to the shopping cart by clicking on the "Add to Cart" button.
3.2. You can change the number of items in the cart and remove items from the cart before paying for the item. The company notifies the customer of his unconfirmed order.
3.3. To place an order in the basket, enter the required data, select a payment method and click on the "Proceed to payment" button.
3.4. The order is considered finalized after clicking on the "Proceed to payment" button and receipt of payment.
3.5. The Trader shall send a notice of order confirmation to the Client's e-mail address.
3.6. In the absence of the goods ordered by the Client, the Trader cancels the order. The order can be canceled in part or in full. The Customer is immediately notified of the cancellation of the order. In case of partial cancellation of the order, the Entrepreneur may ask the Client for instructions on the rest of the order - send or also cancel.

4. PAYMENT
4.1. For purchases made in the web environment (online store), the Client makes an advance payment of 100%.
4.2. You can pay for orders by credit card (Visa, MasterCard), as well as through PayPal.
4.3. Payment takes place outside the online store in the secure environment of Braintree in the secure environment of the respective bank, when paying by credit card in the secure environment https://www.braintreepayments.com , and when paying with PayPal in the secure environment of PayPal. The Entrepreneur does not have access to the Bank data of the Client, as well as to the data of the credit card.

4.4. After the submission and payment of the order, the order confirmation is sent to the Client by e-mail; upon receipt of the order, an invoice is put into the parcel; when shipped outside the European Union, a Customs Declaration (UPU CN22 form) is also attached.

5. DELIVERY OF GOODS TO THE CLIENT
5.1. The online store delivers goods to all member states of the European Union, as well as to Russia, Belarus and Ukraine.
5.2. Products are delivered to the customer in the following way: by means of the services offered by Omniva (SIA Omniva) in the form of Omniva parcels with delivery to parcel machines; via DPD pickup point and via DPD courier service. Shipments can be tracked through the Omniva system. DPD Latvia AS shipments can be tracked in the DPD monitoring system: https://www.dpd.com/lv/lv/. In addition, one of the delivery options is the Click & Collect system, through which products are delivered to WELIKA STORE.

5.3. The Client pays for the costs associated with the delivery of the Goods. Depending on the destination, the fee is:

-Latvia: Omniva Parcel Point 3.99 €. Omniva Courier 4.99 €. Standart 4.99 €. DPD Parcel Point 2.99 €. DPD Courier 4.99 €.

-Lithuania: Omniva Parcel Point 8.99 €. Omniva Courier 9.99 €. Standart € 13.99. DPD Parcel Point 4.99 €. DPD Courier 7.99 €.

-Estonia: Omniva Parcel Point 8.99 €. Omniva Courier 9.99 €. Standart € 13.99. DPD Parcel Point 4.99 €. DPD Courier 7.99 €.

-Finland: Omniva Parcel Point € 18.99. Omniva Courier € 19.99. Standart € 18.99.

-Other countries of the European Union: from 7.06 € to 14.11 €.

-Russia: standard package from 7.99 € to 21.95 €; courier EMS 39.99 €.

-Belarus: 19.99 €.

-Ukraine: 18.99 €.

5.4. The entrepreneur fulfills orders, i.e. transfers the goods to post offices, no later than three working days from the date of order confirmation. Delivery of goods to the Client depends on the postal service. Estimated delivery times:

-Latvia: 1-3 business days.

-Lithuania, Estonia: 2-5 business days.

-Finland: 3-5 business days (Omniva), 1-2 weeks (standard package).

-Other countries of the European Union: 1-3 weeks.

-Belarus, Ukraine: 1.5-2 weeks.

-Russia: 1.5-4 weeks.

6. RIGHT OF REFUSAL, RETURN AND EXCHANGE OF GOODS

6.1. If the product does not correspond to the ordered one or is defective, notify us immediately, but no later than 1 month after the discovery of the discrepancy or defects. Please send the relevant information to info@welika.lv or to SIA WELIKA in writing, Rīga, A.Čaka 53, LV-1011 or Daugavpils, Mazā Dārza iela 5, LV-5404, Latvia, indicating your contact details, date of purchase, description of the defect in the goods and the content of the requirement presented to us. the return form, which is in the parcel together with the invoice, and we will refund you the cost of the goods and compensate the shipping costs, incl. costs incurred in sending the returned product. To do this, we ask you to save the document received upon sending and send it to us by e-mail info@welika.lv along with the order number.

6.2. The entrepreneur confirms the receipt of the refusal statement by sending a notice to the Client.
6.3. The customer is obliged to return the product no later than 1 month from the date of the application for refusal. The cancellation period starts from the day when the Client or a third party specified by him, who is not the carrier of the goods, received the product in his possession. If the order consists of more than one shipment, the refusal period starts counting from the moment the last shipment is received by the Client.

6.4. If the transaction is canceled, the Entrepreneur returns the money paid by him to the Client, incl. the cost of delivery of goods to the Client, by making a transfer of the returned amount to the bank account of the Client no later than 14 days from the date of receipt of the goods by the Entrepreneur. The entrepreneur has the right to delay the return of the paid amounts until the Client returns the goods or provides confirmation of the transfer of the goods to the post office for return. When exercising the right to withdraw from the contract, the Client bears all direct costs associated with the return of the goods.

6.5. In the event that the Client wishes to exchange, repair or replace the goods, the Client must fill out the return form attached to the Goods and invoice. When replacing or exchanging goods, the Client bears all direct costs associated with the return of the goods, except for the case when the returned goods do not correspond to those ordered.

6.6. In the event of deterioration of the condition of the thing to be returned, the Client is liable for the decrease in value due to the use of the thing, only if he used the thing for other purposes, and not in order to verify its essence, properties and functions. To be convinced of the essence, properties and functions of the thing, the Client must handle the thing and use it exclusively as it is permissible in normal situations in stores.

6.7. For hygiene reasons, the right of withdrawal does not apply to linen and beachwear removed from unopened packaging.

6.8. If the goods returned to the Entrepreneur for exchange cannot be exchanged due to the lack of the size required by the Client, the Entrepreneur contacts the Client.

7. SUBMISSION OF CLAIMS

7.1. In case of non-compliance of the goods with the requirements or detection of defects in the goods, the Entrepreneur shall be liable for 2 years from the date of receipt by the Customer of the goods. From this, within the first six months after the transfer of the goods to the buyer, it is assumed that the defect was already in stock at the time of transfer of the goods. It is the online store's responsibility to refute this assumption.
7.2. In the event that the goods do not meet the requirements or if defects are found in the goods, the Client undertakes to immediately, but not later than 2 months from the date of the discovery of the discrepancy, inform the Entrepreneur about this by sending the relevant information to the e-mail address info@welika.lv or a letter to the address Riga .Čaka 53 LV-1011 Latvija.

7.3. In case of non-conforming to the contract or defective goods, the Client has the right to demand from the Entrepreneur to fulfill his obligations, to withdraw from the contract or terminate the contract, as well as to demand compensation for damage, the provision of a discount, in case of delay in the fulfillment of monetary obligations, to demand payment of a penalty.

7.4. If the goods do not meet the requirements or a defect is found in the goods, the Client has the right to first demand a free repair of the goods or replace it with a goods that meet the requirements and non-defective goods, or return the goods at the expense of the Entrepreneur.
The client has the right to demand a discount on the purchase price or completion of the contract, as well as the return of the amounts paid for the goods if:

• The entrepreneur is unable to repair or replace the product or
• the repair or replacement of the item fails, or
• The trader has not remedied the defects in the goods within a reasonable time, or
• Unreasonable inconvenience is delivered to the client.
7.5. In case of return of non-conforming goods, the amount paid for the goods, as well as transportation costs, are compensated to the Client to the bank account indicated by him within a period not exceeding 14 days. The entrepreneur has the right to delay the return of the paid amounts until the Client returns the goods in his possession or provides confirmation of the transfer of the goods to the post office for return.
7.6. During the first six months from the date of handing over the thing to the buyer, the entrepreneur bears the costs associated with the repair or replacement of the thing, and in the first place - the costs of transportation, postage, work, travel and materials. For the next 1.5 years, the entrepreneur only bears the corresponding costs if the claim is justified. The entrepreneur does not reimburse the Client for the costs incurred in the event of defects or non-conformity of the product with the requirements, and is not responsible for them if:
7.6.1. the condition of the Goods has deteriorated / the goods are damaged through the fault of the Client;
7.6.2. Defects have arisen as a result of misuse of the goods, incl. non-compliance with care instructions;
7.6.3. The product has changed due to normal wear and tear due to normal use of the product.
7.6.4. There is no copy of the document confirming the purchase.

7.7. In the event that a disagreement arises between the Client and the Entrepreneur regarding the defectiveness of the goods, the Client has the right to file a claim with the Entrepreneur indicating in the complaint submitted in writing or in a form that allows written reproduction (email), his name and contact information, the date of filing the complaint, the defect in the product, as well as the desired solution. The entrepreneur responds to the Client's complaint in writing or in a form that can be reproduced in writing (e-mail) within 15 days.
7.8. If the Client and the Entrepreneur do not reach an agreement regarding their dispute, the Client has the right to apply for an out-of-court dispute resolution: in Latvia - to the Consumer Dispute Commission operating under the Consumer Rights Protection Board ( http://www.ptac.gov.lv/lv ), and at the pan-European level - on the Internet Dispute Resolution environment of the European Union at http://ec.europa.eu/odr . The consideration of complaints in the consumer dispute committee is free of charge for the parties. When resolving disputes in Latvia at the Consumer Rights Protection Board, the parties proceed from the legislation of the Republic of Latvia.

7.9. In case of disagreement with the decision of the Commission, the parties have the right to apply to the county court at the location of the Entrepreneur.

8. PRIVACY POLICY
8.1. The responsible processor of personal data is SIA Welika (Mazā Dārza street 5-4, Daugavpils, LV-5404, registration code 41503073810). Data protection officer - Welika, email address mail info@welika.lv .

8.2. The processing of personal data is carried out in accordance with the legal acts of Latvia and the European Union.

8.3. The controller collects the following personal data: name and surname, gender, date of birth, personal identification number, telephone number, email address and purchase history. Date of birth must be in the format dd.mm.yyyy.

Registration is allowed to persons at least 13 years old.

8.4. The collection and processing of personal data is carried out for the following purposes: analysis of purchases, sale of goods and provision of services, maintenance of a customer loyalty program. The responsible processor has the right to make inquiries in the personal data base,
analyze, sort data and make samples.

8.5. The controller does not disclose to third parties the data that has become known to him.

8.6. By connecting to the client program, the client consents to the processing of his personal data. Personal data transferred to the responsible processor is protected and treated as confidential information; this also applies to the data about the customer and his orders stored in the ordering system of the online store. Data transmission through communication channels between the client, banks and the card payment processing center is encrypted, which ensures the security of the client's personal data and bank details. The data processor does not have access to the confidential bank details of the client and the confidential details of his payment card.

8.7. The responsible data processor applies all measures, including organizational and information technology, to protect the collected personal data. Only authorized persons have access to the data for their modification and processing.

8.8. SIA Welika may authorize other legal entities (authorized processors) to process personal data, provided that an agreement has been concluded with such processors, according to which the authorized processor is obliged to keep
confidentiality of processed personal data and ensure the protection of personal data in accordance with the requirements established by law. These authorized processors are cash register software service providers, software development partners, logistics service providers and marketing service providers. Authorized processors are also companies belonging to the same consolidation group with SIA Welika and their employees who process personal data to fulfill their work duties.

8.9. SIA Welika acquaints the client with the current list of authorized processors from among legal entities on the basis of the client's request submitted in writing to SIA Welika (Maza Darza st., 5/7, Daugavpils, LV-5404) or by e-mail

info@welika.lv , as well as on the website in the privacy policy section. The register of data processing procedures can be found HERE.

8.10. The client has the right at any time to receive information and get acquainted with his personal data, to apply for access to his personal data, to demand the correction of his personal data, to request the restriction of his personal data, to request the deletion of his personal data, to request the transfer of his personal data ; rights in connection with automated processing, the right to be assessed by a supervisory authority. In addition, the right to revoke the previously given processing consent
personal data. In order to obtain information and familiarize with it, the client should submit a written application to info@welika.lv .

8.11. The responsible processor of personal data can send newsletters to the client, incl. customer satisfaction survey questionnaires and offers, by e-mail or by SMS only if the customer has given
their prior consent at the time of connecting to the client program or in the self-service system.

8.12. The client can at any time unsubscribe from the offers and newsletters sent by logging into his self-service account at www.welika.net, informing about his desire by e-mail info@welika.lv or by following the instructions,
provided in the email.

8.13. The client can at any time get acquainted with his personal data and partially change them by logging into his account in the self-service system at https://en.welika.net/ or informing about his desire by e-mail info@welika.lv . To delete the collected personal data, the client provides a corresponding written statement by e-mail info@welika.lv .

8.14. The responsible processor makes changes and / or deletes the client's data after the identification of the client's identity.

8.15. The client's personal data are stored for five years from the date of the last purchase.

8.16. If the processing of personal data is carried out for purposes other than those for which the collection of personal data was carried out initially, or if it is not based on the consent given by the data subject, SIA Welika carefully evaluates the admissibility of such new processing. For
to establish the correspondence of the processing for new purposes to the purposes for which the collection of personal data was carried out initially, SIA Welika takes into account, among other things:

(1) the relationship between the purposes for which the data were collected and the purposes of the intended further processing;

(2) the context of the collection of personal data, especially the relationship between the data subject and SIA Welika;

(3) warehouse of personal data;

(4) the possible consequences of the intended processing for data subjects;

(5) availability of appropriate protective measures.

8.17. SIA Welika can unilaterally amend the terms of the privacy policy in accordance with the law. SIA Welika informs data subjects about changes on the home page of SIA Welika or in another way.

8.18. SIA Welika uses cookies on its website, incl. Google Analytics by informing customers and asking their consent. To learn more about how Google uses your personal information, please go to: https://www.google.com/intl/en/policies/privacy/. You can also unsubscribe from Google Analytics here: https://tools.google.com/dlpage/gaoptout/?hl=en .