Introduction

Self-employed person Neļa Ozoliņa, with p.k. 150181, hereinafter – Elegant Baby Gifts, address Dzelzavas street 42-4, Riga, LV-1035, is the administrator of a web-based online store (www.babygifts.lv: hereafter referred to as the Online Store).

All users of the Online Store are subject to the terms of use below.

1. Nature of the online store www.babygifts.lv

1.1. The E-shop Elegant Baby Gifts is an online store created and operated by Elegant Baby Gifts, where Elegant Baby Gifts sells consumer goods (hereinafter: Products) to the users of the Online Store (hereinafter: Customer).

1.2. E-shop customer service: The online store’s helpline is +37126564999 (open on weekdays from 9 am to 5 pm) and email address info@babygifts.lv
Customer support is closed on public holidays.

2. General Provisions

2.1. The Terms of Use apply to the purchase of Products from the Online Store and govern the legal relations, that arise between the Seller ( Nela Ozolina, p.k.150181 )  and the Customers.

2.2. The Customer agrees with the provisions of the Terms of Use when submitting an order.

2.3. The Seller ( Nela Ozolina, p.k.150181 )  has the right to independently change and supplement the Terms of Use. Changes to the Terms of Use will be notified to the Customer, on the website www.babygifts.lv Transactions are subject to the prices and conditions applicable at the time of the transaction.

3. Product and Price

3.1. The pictures of the Products depicted in the Online Store are for illustrative purposes only and may vary slightly from the actual appearance of the Product.

3.2. Product prices in the Online Store are in euros and include VAT 21%.

3.3. The delivery charge is indicated separately before the order is paid.

3.4. The Seller has the right to change the prices of the Products offered. Prices applicable to the Customer are the prices published in the Online Store at the time of making the Order, except in cases where the Product’s price was published due to a technical error or malfunction. If the goods are accompanied by a transport fee, it will be displayed to the buyer when the order is placed.

3.5. If the Product is to be replaced during finalization (in accordance with clause 4.9 of the Terms of Use) and the price of the substitute product is lower than the price of the Product ordered by the Customer, the difference between the price of the Product and the replacement product that is ordered, will be refunded to the Customer’s bank account within 14 business days by the Seller. In case the price of the replacement product is higher than the price charged by the Customer, the Customer is obliged to make an additional payment in the relevant part.

3.6. Product prices and discounts may differ from Seller’s retail range of goods, prices, and discounts.

3.7. The Seller has the right to withdraw from the concluded purchase and sale agreement, if the goods indicated in the Agreement are out of stock, as well as the Contract is concluded by a person, who does not have the right to finalize the Agreement in accordance with this Regulation.

4. Placing of order

4.1. In order to make a purchase, an Order must be submitted by the Customer in the Online Store environment.

4.2. The Customer can submit Orders in the Online Store as a registered regular customer (hereinafter: Elegant Baby Gifts account) by logging in or as a visitor. To register a Elegant Baby Gifts account, the Customer must fill in the corresponding registration application and agree to the Terms of Use.

4.3. To submit an Order, the suitable Products must be added to the cart and the “Confirm order” button must be clicked.

4.4. Upon submitting the Order, the Customer must choose a delivery method and, if necessary, enter the delivery address. In addition, you need to enter the phone number, e-mail and Customer name.

4.5. The Seller is not responsible for any damage or any other consequences arising from incorrect data provided by the Customer during the execution of the Order.

4.6. The Customer shall pay for the entire Order in the payment environments provided by the Seller. The Customer shall check before payment, that the Products, quantities, and prices reflected in the Order, correspond to their actual request.

4.7. Upon receiving the order, the Seller sends an automatic e-mail to the Customer with an Order confirmation. If the confirmed Order contains errors (unwanted goods, quantities, etc.), the Customer is required to immediately contact the Sellers Customer Service at +37126564999 or by e-mail info@babygifts.lv

4.8. The Seller will begin to complete the Order after the Customer has paid for the entire Order.

4.9. In the event that the Seller is unable to deliver the ordered Product in the desired quantity upon completion of the Order, the Seller has the right to replace the missing Product by consensus with the Customer.

4.10. If the Seller is not able to replace the Product or if the Customer refuses to accept the replacement upon receipt of the Order and returns the Product, the cost of the missing Product shall be refunded to the Customer’s bank account within 14 working days since the return of the Product to the Seller.

4.11. The Seller has the right to waive the execution of the Order, by notifying the Customer thereof by e-mail with the reason for cancellation. In case the Seller waives the Order from execution, the cost of the Order shall be returned to the Customer within 14 business days from the date of delivery indicated in the Order.

5. Refund of amounts

5.1. Amounts refunded on the basis of clauses 3.5, 4.10 and 4.11 shall be credited to the bank account. where the payment was done. All amounts refunded, paid or owed by the Seller to the Customer, will be credited to the Customer’s bank account.

5.2. The Seller does not refund international delivery transport cost.

6. Payments options and refunds

6.1. Orders can be paid for by using the payment methods indicated in the Online Store environment. A service fee may be added to the cost of the Order in accordance with the agreement concluded between the Customer and the issuer of the bankcard or credit card.

6.1.1. The customer can pay using the multi-link system, which offers payment from Swedbank, Seb, Luminor, Revolut, Citadele bank accounts. To confirm order client is directed to Citadele page to complete the payment. After payment, the client needs to click “Back to Merchant” button.

6.1.2. Credit card – you can pay using a Mastercard or Visa credit card. To confirm the order, the customer must enter the credit card details.

6.2. Pay with bank links – the client can pay using bank links provided by Citadele. Citadele is the payee when you making a payment. Citadele does not participate in the purchase agreement between the Customer and the Seller

6.3. All returns made by the Seller to the Customer shall be made to the account specified by the Customer.

6.4. If the Buyer chooses the method of payment specified in clauses 6.1.1 and 6.1.2, the Buyer shall confirm the payment order with the Buyer’s bank no later than 24 (twenty-four) hours from the pressing of the “Order” key. Failure to confirm the payment order within the specified time limit shall entitle the Seller to consider that the Buyer has withdrawn from the contract and to cancel the order.

7. Delivery of order

7.1. Delivery of the order takes place only in the ways described in the Online Store.

7.1.1 Delivery options

a) Omniva parcel terminal and couriers

b) Post of Latvia

7.2. The Customer shall be obliged to verify the accuracy of the contact details before submitting the order, in order to avoid delays and misunderstandings in the delivery of the Products. The Seller shall not be liable for any delays or misunderstandings in the delivery of the Products if the delay or misunderstanding is due to inaccurate or incorrect information provided by the Customer on the formal order form.

7.3. Products will be delivered to the specified address. The courier will contact the Customer using the telephone number that the Customer provided to the Seller.

7.4. The risk of damage to or loss of products is transferred to the Customer upon receipt of the Order.

7.5. Upon delivery of the Order, the Customer undertakes to immediately check the conformity and completeness of the delivered Products. In the case of unconformity, you must contact the Seller by sending a relevant letter to e-mail address: info@babygifts.lv or by phone: +37126564999.

7.6. The delivery time depends on the delivery method chosen.

Omniva parcel terminal and courier delivery time is 1-4 days from the time of dispatch

Post of Latvia delivery time is 1-14 days from the time of dispatch (applies to international orders).

The dispatch time is 1-3 working days from the moment Elegant Baby Gifts receives payment of your order invoice.
Delivery times may vary depending on the type of delivery and the distance from our warehouse to your destination, but rest assured that we will do everything we can to ensure that you receive your goods as soon as possible.

The Customer is also aware that in exceptional cases (in cases of force majeure) the delivery of the goods may be delayed.

7.7. From the delivery of the order to the courier company, the courier company is responsible for delivering the parcel. At the moment of delivery, the Customer is obliged to review the condition of the shipment with the Seller or his authorized representative. If the Client signs a signature on the invoice (delivery note), receipt of the shipment or another delivery document, it is regarded that the parcel is in the proper condition.

7.8 The Customer may choose between different methods of delivery of the Goods. The delivery of the Goods shall depend on the method of delivery chosen by the Customer.

8. Withdrawal from agreement, return of products

8.1. A Customer, if they are a consumer, has the right to withdraw from the Agreement (to decline the Products) within 14 calendar days upon receipt of the Products, by sending an application for withdrawal from the agreement at the email address info@babygifts.lv. Customer returns are accepted only with a refund application. In the application, the Customer must indicate the invoice number and the Product name he/she wishes to return.

8.2. Returnable Products must be delivered directly to the Seller or sent by courier or via parcel terminals in 14 days from receiving the goods. Costs related to the return of Products of a sound condition are paid by the Customer. In the event of the return of the wrongly delivered product and/or a defective product, the Seller undertakes to take back such product and to displace it with an equivalently suitable product. If the Seller does not have a suitable product for replacement, the Seller shall return the money paid for the goods to the Customer as soon as possible but not later than within 14 working days. The refund is made using the same means of payment used by the customer in the transaction.

8.3 If you wish to return the goods – please send them to Omnivas Upesciems Lats parcel terminal at the address Ropažu dis., Garkalnes parish, Upesciems, Ziedu street, 2. The recipient’s phone number is +37126564999. You can contact us at info@babygifts.lv for further advice. The returned Goods must be in the same condition as when received. It must not be used or damaged and must be in its original packaging.

8.4. In case of deterioration of the condition of the object to be returned, the Customer shall be liable for the decrease in value caused by the use of the Product only if, he or she has used the item in other ways than necessary to verify the nature, characteristics, and editing of the item. In order to ascertain the nature, characteristics, and functioning of an object, the Client should handle and use the item only as he would normally be allowed to do in a shop. In the event that the Customer has used, damaged or broken the returned Goods, the Seller has the right to refuse to accept the Products.

8.5 If you have requested a refund for an order that includes a promotional discount, you will be refunded the amount paid

8.6 An unused product may only be replaced by another color of the same product.

8.7. In case of returning the order, the Seller shall return to the Customer the entire amount received under the Contract, including the order delivery cost paid by the Customer. If the Order is partially returned and the order is accompanied by delivery costs, the Seller may return the delivery cost in proportion to the number of returned products.

8.8 The Buyer (consumer) may not use the right of withdrawal in the cases specified in Paragraph 22 of the Cabinet of Ministers Regulation No 255 “Regulations on Distance Contract” if:

a) the Goods are made according to the Buyer’s instructions or the Goods are clearly personalized (adapted to the Buyer’s personal needs)

b) the Buyer has opened the packaging of the Goods which, for health and hygiene reasons, cannot be returned

8.9. “Change of mind” refunds or returns

8.9.1 We carefully inspect all products before they are sent to the customer and for health and hygiene reasons we cannot accept “Change of mind”, refunds, returns or exchanges.

8.9.2 Please select carefully before checkout is complete.

8.9.3 We cannot guarantee that our products will be stain resistant to all foods that our silicone products come into contact with and we cannot provide refunds or exchanges due to any stains that may occur during use

8.9.4 Please note that silicone suction cups do not work on most wood or textured surfaces and for this reason we will not approve refund or return requests.

9. Submissions of complaints

9.1. In the event of the nonconformity of the Product with the contractual clause, the Customer has the right to exercise the legal remedies provided by law.

9.2. The Seller is not liable for any nonconformity of the Product with the agreement, arising from the Customer’s actions and/or omissions, including the non-purposeful use of the Product or inadequate storage (non-observance of the storage conditions).

9.3. In case of nonconformity or defects of the Product, the Customer undertakes to inform the Seller immediately, but not later than within 2 months after the occurrence of the error, by sending the Customers contact details, the exact description of the problem and the purchase receipt number to the e-mail address info@babygifts.lv. If it becomes evident that the product is defective, stop using the product immediately.

9.4. The complaint can be submitted by e-mail info@babygifts.lv. Complaints must include the name and contact details of the Customer, the date of submission of the complaint, the discovered deficiency of the product, and the substance of the claim, and must be submitted together with proof of purchase.

9.5 If the Customer does not accept the solution offered by the Seller for resolving the complaint, the Customer, if they are a consumer, may contact the Latvian Consumer Protection Board and the attached Consumer Disputes Committee, which is competent to settle disputes arising from contracts between consumers and traders if the parties have not been able to settle their disputes by agreement.

9.6 The Goods are covered by a 2-year warranty in accordance with the Consumer Rights Protection Act.

9.7. All complaints will be reviewed and the Customer will be contacted as soon as possible, but not later than within 14 days of receipt of the complaint.

9.8. The Seller shall not be liable for any damage resulting from the unintended use of the ordered products, as well as for delivery delays if caused by circumstances beyond the Seller’s control and/or due to force majeure.

9.9. The Seller shall not indemnify the Customer for expenses incurred in the event of nonconformity or defects of the Product and shall not be liable for any defects caused by the non-intended use of the Product, incl. as a result of non-compliance with the maintenance instructions, the value of the product has decreased due to natural wear and tear caused by normal use, and there is no proof of purchase.

10. Liability

10.1. The Seller and the Customer are liable to each other in respect to damage caused to the other party by breaching the Terms of Use in the cases and to the extent provided for in the legislation of the Republic of Latvia.

10.2. The Customer is responsible for the correctness of the information submitted in the Online Store registration form or when placing an Order. If the Customer submits incomplete or incorrect data, the Seller is not liable for such consequences and has the right to demand compensation from the Customer for the resulting damage.

10.3. The Customer is responsible for the safe use of the password necessary for logging into the Online Store environment and undertakes to ensure that their password is not held by third parties (including members of minor family members).

10.4. In the event that the Customer suspects that his or her login details are in the possession of a third party, the Customer undertakes to inform the Seller about this and immediately change the password.

11. Processing of the customer’s personal data

11.1. The Customer gives the Seller a clear and informed consent to the processing of their personal data.

11.2. Data communication between the Customer and the banks and the card payment center is encrypted, which ensures the security of the Customer’s personal data and bank data. Payment is made outside the Online Store environment, in a secure payment environment of the respective bank or service provider. The Online Store does not have access to the Customer’s bank data and credit card information.

11.3. The Seller processes the Customer’s personal data in accordance with the requirements established in the Personal Data Protection Act.

11.4. The personal data being processed are data that is requested from the Customer upon registration of the account and/or upon formalization of the Order (given name, surname, address, telephone number, e-mail address, account number, shopping cart content and shopping history).

11.5. Elegant Baby processes the Customer’s personal information for the execution of orders (including for transmission of messages related to the order), for the payment of products, delivery of products, and preparation of personal offers.

11.6 Responsible for the processing of Customer data is Elegant Baby Gifts – a self-employed person Neļa Ozoliņa, with p.k. 150181-10729, address Dzelzavas street 42-4, Rīga, LV-1035

11.7. The Seller does not transmit the Customer’s personal information to third parties except for:

11.7.1. Courier service provider to the extent necessary for the delivery of the Products to the Customer or for the consumption of the service;

11.7.2. Suppliers of the Products included in the Order (Customer’s name, address and telephone number) to fulfill the Order and provide customer service.

11.8. In the cases provided for in clauses 11.7.1 and 11.7.2, the Customer’s personal data are processed solely for the purpose of fulfilling the Order, and authorized processors ensure the same level of protection of personal data as the Seller.

11.9. The Customer has the right at any time to review his or her personal data and to require the correction or deletion of such data unless otherwise provided by law.

11.10. If the Customer has expressed interest in receiving the Sellers newsletters and/or personal offers, the Customer has the right to cancel them by sending a respective notification to the Seller at info@babygifts.lv or by clicking on the relevant link shown on each offer.

11.11. Merchant is responsible for processing personal data. Merchant will forward necessary personal information for processing payment to authorized processor Citadele.

11.12. We hold your data indefinitely or until Customer requests collected data deletion.