Terms of service
1. General terms
1.1. These terms of use, hereinafter referred to as the Terms of Use, determine the terms of use of the website smartkids.lv, hereinafter referred to as the "Online Store."
1.2. SMARTFUL OÜ, Estonian registration number 16874712, legal address: Läänemere tee 70/2-136, 13914, Tallinn, Estonia, hereinafter referred to as the "Company", provides the content available in the Online Store and provides services in accordance with these Terms of Use.
1.3. The User is a legally capable natural or legal person who makes purchases in the online store or uses other services of the online store.
1.4. If the User purchases goods offered by the Online Store, these Terms of Use shall be considered a legally binding document setting out the rights and obligations of the parties in relation to the purchase of goods, payment for them, as well as the terms of delivery and return of goods.
1.5. If the User purchases goods in the Online Store, it is considered that the User has read and agrees to these Terms of Use. By agreeing to the Terms of Use, the User confirms that they have the right to purchase goods in the Online Store in accordance with these Terms of Use.
1.6. If the User attempts in any way to harm the operation, stability, or security of the Online Store, or otherwise fails to comply with these Terms of Use, the Online Store has the right to restrict the User's access to the Online Store.
1.7. The Company reserves the right to unilaterally amend and supplement the Terms of Use at any time. When shopping in the online store, the User is subject to the Terms of Use in the version valid at the time of ordering the goods, therefore the User must familiarize themselves with the Terms of Use each time they make a purchase.
1.8. The Company reserves the right to change the price of goods or to set a special price for goods. Goods are sold to the User at the prices in force at the time of placing the order.
2. Personal data protection
2.1. Users do not need to register to make purchases in the online store, but when placing an order, they must provide the following information: for natural persons – first name, last name, e-mail address, telephone number, declared address and delivery address; for legal persons – company name, registration number, VAT registration number (if any), legal and delivery address, as well as the name, surname, e-mail address and telephone number of the company's legal representative. By placing an order, the User (natural person) is deemed to have consented to the processing of their personal data in accordance with the procedure established by regulatory enactments and in accordance with the Online Store's Privacy Policy – to the extent that the User has provided personal data. If the User plans to make another purchase on the Online Store website, the User may indicate when placing an order that they wish their email address and delivery information, including their phone number, to be saved for their next purchase.
2.2. The User is fully responsible for the accuracy of the data provided when making a purchase in the online store. If the User has provided inaccurate or incorrect data when making a purchase, the Company is not responsible for the inaccuracy of the data and the consequences thereof, including the inability to ensure delivery. If the User wishes to correct the information they have submitted about themselves when making a purchase, they shall contact the website by sending an email to ildze@smartkids.lv and indicating what information they wish to correct. In this situation, an employee of the online store will make the appropriate changes in the system and complete the purchase and supporting documents, as well as deliver the purchase.
2.3. By agreeing to these Terms of Use and Privacy Policy, the User agrees that notifications necessary for providing order, payment, and delivery information will be sent to the specified email address.
2.4. The Company guarantees that the User's data will only be used for the purposes of purchasing goods and direct marketing.
2.5. The Company undertakes to ensure the confidentiality of the personal data provided by the User and not to disclose the User's personal data to third parties, except for the Company's partners who deliver goods to the User or provide other services related to the fulfillment of orders, as well as to state institutions in cases specified by regulatory enactments.
2.6. Upon delivery of the goods, the recipient may be asked to present an identity document to verify their identity.
3. Conclusion of the purchase and sale agreement
3.1. The purchase agreement between the Company and the User is considered concluded from the moment the User has transferred the purchase amount to the Company's account.
3.2. Purchase agreements are registered and stored in the online store database.
3.3. The Company agrees to deliver the goods ordered and paid for by the User to the address specified in the User's order, based on the conditions set out in clause 5 of the Terms of Use.
3.4. If the Company is unable to contact the User within 5 (five) working days of placing the order, the order shall be canceled, and the Company shall refund the User only for the goods, but the delivery fee shall not be refunded.
3.5. In an emergency situation, when due to unforeseen circumstances the Company is unable to deliver goods purchased in the online store, the Company undertakes to offer a similar product. If the User does not agree, the Company shall refund the money paid by the User as soon as possible, but no later than within 14 (fourteen) calendar days.
4. Product prices and payment procedure
4.1. Product prices in the online store are indicated in euros, VAT is included in the price.
4.2. The User shall pay for the goods by bank transfer, indicating the order number or advance invoice number (if paying in advance) or the delivery note number (if paying for the goods on delivery).
4.3. Invoices and delivery notes are prepared electronically and are valid without a signature.
5. Delivery of goods
5.1. The online store smartkids.lv delivers goods to OMNIVA parcel terminals or to the delivery address specified by the User in LATVIA and ESTONIA.
5.2. After placing an order, the User selects the location of the parcel terminal from the list of OMNIVA parcel terminals available in the online store.
5.3. The delivery fee in Latvia via an OMNIVA parcel terminal is EUR 3.00 (three euros and 00 euro cents), in Estonia - EUR 5.00 (five euros and 00 euro cents), including VAT. Delivery by VENIPAK courier in Latvia is EUR 7.00 (seven euros and 00 euro cents), in Estonia - EUR 10.00 (ten euros and 00 euro cents), incl. VAT. For purchases over EUR 400.00, delivery by VENIPAK LATVIA courier is provided free of charge.
5.4. The online store will do everything possible to ensure that the ordered goods are delivered as quickly as possible. The approximate delivery time for goods in stock is 2-4 (two to four) working days. For goods made to order, the delivery time is 1-5 weeks.
5.5. If delivery of the goods to the User is not possible due to the User's fault or circumstances dependent on the User (the User has provided an incorrect delivery address, telephone number for receiving the shipment code, or has not picked up the shipment from the parcel terminal within the specified time), the goods will not be sent again, but the order will be canceled. In this case, the User will be refunded only for the goods, but the delivery fee will not be refunded.
5.6. Upon receipt of the goods, the User is obliged to inform the Online Store about non-compliant goods within 1 (one) hour from the moment of receipt of the goods. By not informing the Online Store within the specified time, the User confirms that they have received the goods they ordered and that they are in good condition.
6. Quality of goods
6.1. The characteristics of all goods sold in the online store are specified in the description of each item.
6.2. Goods sold in the online store are covered by the warranty specified in the relevant legislation.
6.3. In the event of goods that do not comply with the terms of the contract, the User has the right to request that the Company:
6.3.1. remedy the non-compliance of the goods with the terms of the contract free of charge or replace the goods with goods that comply with the terms of the contract free of charge, except in cases where this is impossible or disproportionate;
6.3.2. if it is not possible to remedy the non-compliance of the goods with the terms of the Agreement or to replace them with goods that comply with the terms of the Agreement without compensation, the User shall be entitled to request that the Company reduce the price of the goods accordingly or cancel the Agreement and refund the amount paid for the goods. When reducing the price or canceling the contract and refunding the amount paid, the Company may take into account the wear and tear of the goods or the benefit that the User has gained from using the goods, as agreed by the contracting parties;
6.3.3. in the event of minor non-compliance of the goods with the terms of the contract (it does not significantly reduce the quality of the performance of the basic functions of the goods or their use characteristics and can be remedied without causing visually noticeable changes to the external appearance of the goods) and those that cannot significantly affect the User's ability to use the goods, the User may not demand that the Company cancel the contract and refund the amount paid for the goods.
6.4. The User may express objections and requests regarding the non-compliance of the goods with the terms of the contract to the Company both verbally and in writing by sending an application to the e-mail address ildze@smartkids.lv.
7. Right of withdrawal and return of goods
7.1. If the User is a consumer within the meaning of the Consumer Rights Protection Law (a natural person who purchases goods for a purpose not related to their economic or professional activity), then, in accordance with the procedure set out in Section 7, the User (consumer) may exercise their right of withdrawal without providing any justification. In accordance with the provisions of Regulation No. 255 of the Cabinet of Ministers of the Republic of Latvia "Regulations on Distance Contracts," the consumer has the right to withdraw from the purchase agreement within 14 calendar days from the moment of delivery of the goods by submitting an application to the Company regarding the exercise of the right of withdrawal.
7.2. A notification sent electronically by the User to the e-mail address ildze@smartkids.lv, indicating the item to be returned and the order number, shall be considered as an application for exercising the right of withdrawal. The User's bank account number to which the User wishes to receive a refund for the purchase of goods must be indicated. The Company shall notify the User of the application for exercising the right of withdrawal received in electronic form by e-mail.
7.3. The User shall be deemed to have complied with the withdrawal period (14 days) if the User sends the Company a request to exercise the right of withdrawal before the end of the withdrawal period. In the event of a dispute, the User shall be obliged to prove that they have exercised their right of withdrawal.
7.4. After sending the application for exercising the right of withdrawal, the User shall send or deliver the goods back to the Company at the address: Miķeļa 13, Mārupe, LV-2167 without undue delay, but no later than within 14 days from the moment of receipt of the goods. This deadline shall be deemed to have been met if the User sends or delivers the goods back before the expiry of the 14-day period.
7.5. The Company undertakes to refund the User the amount paid for the goods without undue delay, but no later than within 14 days from the date of receipt of the User's application for the exercise of the right of withdrawal. The Company shall refund the amount by transferring it to the bank account specified by the User in the withdrawal form or, if not specified, to the account from which the payment for the goods was received.
7.6. The Company reserves the right to withhold the refund of the amount paid for the goods to the User until the Company has received the returned goods from the User or has received confirmation from the User that the User has sent the goods back to the Company, whichever occurs first.
7.7. The direct costs of returning the goods shall be borne by the User. If, due to the nature of the goods, they cannot be returned by post or parcel service, the consumer shall bear all costs associated with returning the goods.
7.8. The User may exercise the right of withdrawal subject to the following conditions:
7.8.1. the returned goods must be in their original packaging and the User must not have opened the packaging of the goods;
7.8.2. the goods must not be damaged;
7.8.3. the goods must not have been used and must not have lost their commercial appearance (labels, safety seals, etc. must be intact) (this does not apply to goods that were damaged during delivery and for which the User has raised objections upon receipt of the goods);
7.8.4. the returned goods must be in the same condition as they were at the time of receipt.
7.9. The Company has the right to refuse to accept the return of goods if the deadlines for returning the goods have not been met.
7.10. The user is responsible for maintaining the quality and safety of the goods during the period of exercising the right of withdrawal. The user is responsible for any reduction in the value of the goods if the goods have been used in a manner that is not compatible with the principle of good faith, including use for purposes other than determining the characteristics or functioning of the goods. The goods must be undamaged, have not lost their appearance (labels must not be removed or damaged, protective films must not be torn, etc.) and must be unused. The goods must be returned in their original packaging, in the same configuration as they were received, and the purchase document and other accessories that were included with the goods at the time of receipt must be returned. If the item is not complete, damaged, untidy, or not properly packaged, the Company has the right to refuse to accept the item and not to refund the User for the money paid for the item.
8. Exchange of information
8.1. The Company shall contact the User by e-mail at ildze@smartkids.lv or by telephone at +371 29433366.
9. Liability
9.1. The Company shall be exempt from any liability in all cases where losses arise due to the User-buyer acting contrary to the terms of use of the online store specified in these Terms of Use.
9.2. In the event of losses, the guilty party shall compensate the other party for direct losses.
9.3. The Company is not responsible for the insignificant characteristics of the goods shown in the images of the Online Store (actual size, shape or shade nuances, etc.) due to the screen parameters of the device used by the User, lighting or any other similar external circumstances.
9.4. The Company shall not be liable for any delay in the performance of its obligations or for any failure to perform or other non-performance arising from circumstances and obstacles beyond the reasonable control of the Company, including, but not limited to, strikes, government orders, warfare or national emergencies, terrorist threats or acts of terrorism, environmental or climatic anomalies, non-performance by third parties, internet connection disruptions, and computer hardware and software failures. In the event of such force majeure circumstances, the Company will endeavor to remedy the delays as soon as possible.
10. Other provisions
10.1. The relationship between the User and the Company is governed by these Terms of Use, as well as the laws of the Republic of Latvia and the Republic of Estonia.
10.2. In the event of any questions or disputes, the User shall contact the Company by telephone at +371 29433366 or by e-mail at ildze@smartkids.lv. All disputes shall be resolved by the parties through negotiation, if possible. A User who is a consumer within the meaning of the Consumer Rights Protection Law (a natural person who purchases goods for a purpose not related to their economic or professional activity) shall have the opportunity to exercise and protect their legitimate consumer rights in accordance with the procedure laid down in the Consumer Rights Protection Law and related regulatory enactments. If no agreement is reached, the dispute shall be referred to a court in accordance with the legislation of the Republic of Latvia.