TERMS AND Conditions
GENERAL TERMS
1. TERMS AND THEIR DURATION
These standard terms are effective for orders made at the online store veikals.hatbrewery.lv (hereafter ONLINE STORE) in Latvian and English between the individual (hereafter BUYER) placing the order and SIA HAT Brewery (hereafter SELLER). These contract terms are effective from May 1, 2024.
2. DISTANCE CONTRACT
A distance contract is an agreement between the CONSUMER (as defined in PTAL Article 1, Clause 3) and the seller (PTAL Article 1, Clause 5) or service provider (PTAL Article 1, Clause 4), based on an offer from the seller or service provider which may be included in printed or unaddressed material, standard letters, catalogues, advertisements published in press with an order coupon, and transmitted or conveyed via phone, fax, internet, email, television, radio, or other means of communication.
3. COMMENCEMENT OF DISTANCE CONTRACT
A distance contract is considered effective as soon as the CONSUMER places an order via internet, phone, or other technological means and has received confirmation of the order from the SELLER via email. Orders and their confirmations are considered received when they can be accessed by the parties they are addressed to. *In cases where the ordered item is delivered to the buyer's specified address, the purchase is verified by a delivery note sent to the email specified in the order.
4. FULFILLMENT OF DISTANCE CONTRACT
The SELLER agrees to fulfill the terms of the distance contract no later than 30 days after receiving the order from the CONSUMER, unless another term is agreed upon by the parties. If the SELLER cannot fulfill the contract because the CONSUMER's ordered product is not available, the SELLER must inform the CONSUMER. In this case, the SELLER may offer an equivalent product for an equivalent price.
5. RIGHT TO WITHDRAW
The consumer's right to unilaterally withdraw from the contract within a specified period without paying a penalty, interest, or compensation for losses. The right to withdraw, the procedure and the time frame for exercising the right to withdraw are specified by the Consumer Rights Protection Law and the Cabinet of Ministers' May 20, 2014 regulations No. 255 - "Regulations on Distance Contracts". Right to withdraw regarding a distance contract:
- The CONSUMER has the right to use the right to withdraw. This right can be exercised within 14 (fourteen) calendar days from the day the CONSUMER received the good(s) or part of the good(s), or from the contract signing day if the purchase was made using a consumer credit agreement. The right to withdraw must be exercised in accordance with statutory procedures also regarding consumer credit agreements.
- Before the deadline for exercising the right to withdraw, the CONSUMER must inform the seller or service provider of their decision to withdraw from the contract by submitting a withdrawal form or a notice of exercising the right to withdraw. The deadline is considered met if the CONSUMER sends the withdrawal form or notice before the end of the withdrawal period. The CONSUMER is responsible for proving the exercise of the right to withdraw.
- The seller or service provider must allow the CONSUMER to fill and submit a withdrawal form or notice electronically on their website. In this case, the seller or service provider, using a durable medium (including email), immediately informs the CONSUMER of the receipt of the withdrawal.
- The right to withdraw is exercised by submitting a withdrawal form to the SELLER, available here.
- The CONSUMER sends the good back to the seller or service provider, or hands it over to them or their authorized representative without undue delay, but no later than 14 days after sending the withdrawal form or notice. The deadline is met if the good is sent back before the end of the 14-day period. This requirement does not apply if the seller or service provider has offered to take the good back themselves.
- The seller or service provider, without undue delay and no later than 14 days from the day they received the notice of withdrawal according to this clause, refunds the amount paid by the CONSUMER using the same means of payment used by the CONSUMER, unless the CONSUMER has explicitly agreed to a different payment method and such change does not incur any cost for the CONSUMER.
- The CONSUMER covers the direct cost of returning the good unless the seller or service provider agreed to cover these costs or did not inform the CONSUMER that they would bear these costs.
- The CONSUMER is responsible for any diminished value of the goods if the goods have been used for purposes other than the nature, characteristics, and functioning of the goods. The CONSUMER is not responsible for diminished value if the seller or service provider did not inform them about their right to withdraw according to consumer protection law.
- The CONSUMER cannot use the right to withdraw under the conditions listed in Clause 22 of the Regulations on Distance Contracts, including if:
- the service has been fully performed and was initiated before the end of the withdrawal period, with the consumer's clear consent and acknowledgment that they will lose the withdrawal right from the day the contract on service provision is fully performed;
- the price of goods or services depends on fluctuations in the financial market which the seller or service provider cannot control and which may occur within the withdrawal period;
- the good is made to the consumer's specifications or is clearly personalized;
- the good is liable to deteriorate or expire rapidly;
- the consumer has unsealed packaged goods which are not suitable for return due to health or hygiene reasons.
- If the CONSUMER wishes to return a good that does not comply with the terms of the distance contract, then the CONSUMER must fill out a claim form and return the good in full.
- The CONSUMER is responsible for maintaining the quality and safety of the good during the period for exercising the right to withdraw.
6. CLAIM REGARDING NON-COMPLIANCE WITH CONTRACT TERMS
We remind you that consumers have legal rights to file a claim regarding non-compliance with contract terms within 24 months from the day of good delivery.
- Consumer's claim regarding non-compliance with contract terms:
a. Goods offered in the online store are covered by the manufacturer's warranty. Warranty terms and other conditions are specified in the warranty documents attached to the product. The warranty does not affect the rights granted to the Consumer by statutory regulations.
b. If the CONSUMER wishes to return a good that does not comply with the terms of the distance contract, then the CONSUMER must fill out a claim form and return the good in full.
c. When submitting a claim to the manufacturer or SELLER regarding non-compliance with contract terms, the Consumer attaches a copy of the transaction-proving document.
7. COMPLAINT PROCEDURE
Complaints regarding the availability or quality of goods should be submitted electronically by sending them to this email address – [email protected] or we ask that complaints be submitted in writing, sending them to this address: "Lāmiņas", Katlakalns, Ķekavas pag., Ķekavas nov., LV-2111, Latvia. The complaint will be addressed within 15 working days from the day of receipt, and a response will be sent to the contact address mentioned in the complaint.
In case the submitted complaint is deemed unfounded and you do not agree with the decision, you have the right to use the alternative dispute resolution options specified in regulatory acts, by submitting a written application for out-of-court dispute resolution to the goods seller, indicating:
- Name, surname, contact information;
- Date of the application submission;
- Nature of the dispute, claims, and their justification;
- Batch number and expiry date of the product.
Information about out-of-court dispute resolution options and out-of-court dispute resolvers:
- Information about the database of out-of-court consumer dispute resolvers:
http://www.ptac.gov.lv/lv/content/arpustiesas-pateretaju-stridu-risinataju-datubaze
- Information about the dispute resolution process:
http://www.ptac.gov.lv/lv/content/stridu-risinasanas-process
- Information about online dispute resolution (ODR): If there is a problem with a product bought online, the client can use the ODR platform to submit a complaint, which will be reviewed by an independent dispute resolution structure. Link to the ODR platform:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=LV
Out-of-court dispute resolver:
- PTAC(Consumer Out-of-Court Dispute Resolution Commission)
Riga, Brīvības iela 55, LV-1010
Tel: 65452554;
Email: [email protected]
Website: http://www.ptac.gov.lv/lv/content/pateretaju-stridu-risinasanas-komisija-0
Fee:
- Free of charge
Languages:
- Submissions can be made according to the State Language Law
INFORMATION ABOUT THE ONLINE STORE VEIKALS.HATBREWERY.LV
1. PRICES
All prices for goods in the ONLINE STORE are shown in euros, including value-added tax. Costs for the delivery of goods to the BUYER are not included in the price of the goods.
2. LANGUAGES
ONLINE STORE customers have the option to place orders and conclude a distance contract in Latvian and English.
3. ORDER PROCESSING
The BUYER has the option to purchase any selected good in the ONLINE STORE, by ordering it online at veikals.HATBrewery.lv.
4. ORDERING AND PURCHASE OF ALCOHOLIC BEVERAGES RULES
- According to the terms of the distance contract, the client confirms that they have reached the age of 18;
- Minimum order volume for delivery – 12 cans;
- Delivery price is calculated based on the postal code;
- At the time of delivery, the client cannot choose the delivery day and time;
- If the client is not at the specified place and it is not possible to make a route correction to another time, the order is canceled or rescheduled to another day and time after consultation with the client;
- If it is not possible to verify the recipient's age, the alcohol is not handed over to the client. The order is canceled;
- Client’s age verification only occurs after showing a valid ID card or valid passport to the deliverer;
- Alcoholic beverages can be ordered at any time, however, their delivery and distribution can only occur from 08:00 to 22:00.
5. TECHNICAL MEANS FOR DETECTING AND CORRECTING INFORMATION INPUT ERRORS BEFORE PLACING AN ORDER
At all stages of the order processing in the ONLINE STORE, the USER has the opportunity to edit the entered data by going back one or more steps. Any errors found after the order confirmation can be corrected by contacting the online store via email at [email protected].