Terms of use

Terms of use

Distance purchase agreement

This distance purchase agreement is concluded between SIA NAIL infinity, only. reg. No. 40203128148 , legal address: Riga, Brīvības iela 174A – 8, LV-1012 (hereinafter – the Seller ), and a natural or legal person (hereinafter – the Buyer ) who places an order and purchases the product on the internet trading website www.nailinfinity.eu (hereinafter – Website ). 

1. SUBJECT OF THE AGREEMENT

1.1. The Buyer orders, buys and pays, while the Seller delivers and sells the product placed on the Website and chosen by the Buyer in accordance with the terms of this distance agreement (hereinafter - the Agreement ).

1.2. The Agreement is binding on all product orders and purchases made on the Website.

1. REGISTRATION

2.1. In order to be able to purchase the goods offered on the Website, the Buyer does not necessarily need to create his personal account.

1. PLACING THE ORDER

3.1. The buyer chooses the product after getting acquainted with its description, characteristics, main features and price, as well as evaluating its validity and compliance with his needs.

3.2. The buyer, confirming the product order, fills out the order form, indicating:

• accurate information about yourself (name, surname, contact phone number, e-mail address);
• the selected delivery method and delivery address (if the selected delivery method requires an address);
• the selected payment method;
• comments (if the Buyer chooses to specify them)

3.3. The buyer is responsible for filling out the order form accurately and providing correct data. The Seller is not responsible for losses incurred by the Buyer or a third party due to the Buyer specifying an incorrect delivery address, delivery method or incomplete data.

3.4. Upon receiving the Buyer's order, the Seller sends the Buyer an order confirmation by e-mail. If the Buyer does not receive a confirmation e-mail from the Seller, then the Buyer's order has not been accepted and this Agreement has not entered into force.

3.5. The buyer, by confirming this contract and purchasing products whose use and purchase restrictions are determined by the laws of the Republic of Latvia, confirms that he is at least 18 years old.

1. ENTRY INTO FORCE OF AGREEMENT

4.1. The Agreement comes into force at the moment when the Buyer has placed an order for the product on the Website.

1. ITEM PRICE AND SHIPPING COSTS

5.1. The price of the product on the website is indicated in EUR, including value added tax, at the rate specified in the laws and regulations in force in the Republic of Latvia. The product is sold to the Buyer at the price valid on the Website at the time of placing the order.

5.2. The price of the product does not include the cost of delivery of the product. Product delivery costs are applied separately according to the type of delivery chosen by the Buyer. The cost of delivery of the product is indicated on the Website to the Buyer before the order is confirmed and is included in the invoice issued by the Seller. The cost of product delivery includes value added tax at the rate specified in the laws and regulations in force in the Republic of Latvia. If the goods are bulky or the goods are ordered outside the borders of Latvia, the delivery price is specified during the processing of the order, if necessary, a new invoice is corrected or sent.

1. SETTLEMENT PROCEDURE

6.1. The buyer is obliged to pay for the product and the chosen delivery method in accordance with the procedure and deadline specified in the Agreement.

6.2. The Buyer makes payment for the ordered product and delivery method according to the payment method selected on the Buyer's Website.

6.3. Payment for the product and the chosen delivery method is considered to have been made at the moment when the Seller has received the payment amount for the product and the chosen delivery method in full.

6.4. If, in accordance with the terms of this Agreement, the Seller is obliged to refund the amount of money paid to the Buyer for the product and its delivery, the Seller shall refund the aforementioned amount to the Buyer in the same payment method that the Buyer used when purchasing the item, except in cases where the Buyer has expressly agreed to another means of payment and the Buyer does not have to pay for using such a means of payment.

1. PRODUCT DELIVERY

7.1. When placing an order, the buyer can choose any of the delivery methods indicated on the website www.nailinfinity.eu https://nailinfinity.eu/piegades-nosacijumi/ .

7.2. The Seller and the Buyer agree that the delivery costs of the goods specified in Clause 7.1 of the Agreement may change, in accordance with changes in the tariffs set by the delivery service provider.

7.3. The average delivery time is 2 to 4 working days in the territory of Latvia. Pre-determined delivery times may change depending on the availability of the product in the warehouse, stock periods, occupancy. The Seller reserves the right to deliver the goods to the Buyer within 30 (thirty) calendar days from the day of order confirmation or within another term mutually agreed upon by the Seller and the Buyer. If the goods ordered by the Buyer are not in the Seller's warehouse or there are not enough of them, the Seller shall notify the Buyer thereof. In such a case, the Buyer has the right to unilaterally withdraw from the Agreement, while the Seller is obliged to refund the amount of money paid to the Buyer for the product and its delivery without undue delay, but no later than within 14 (fourteen) working days from the date of termination of the Agreement.

7.4. The product is delivered only in the territory of the Republic of Latvia or in another territory specified by the Seller. The Seller accepts the order only if the delivery address specified by the Buyer is located in the Republic of Latvia or another territory specified by the Seller.

7.5. The goods ordered by the Buyer are delivered to the address specified in the Buyer's order. The buyer must accept delivery of the product in person. If the delivery of the goods was received by another person at the delivery address specified in the order, it is considered that the goods were received by the Buyer.

7.6. Depending on the method of delivery of the goods chosen by the Buyer, the Buyer ensures that:

• upon receipt of the product on the spot, the delivery of the product is received by the Buyer upon presentation of an identity document;
• at the time of delivery of the goods, the Buyer is at the address indicated in the order and accepts the goods without delay, signs the goods delivery document - the delivery note - and makes the necessary marks in it (if any), as well as returns a copy of the delivery note to the supplier or
• The buyer receives the product at the pick-up points specified in the buyer's order within the time limit specified in the service provider's notification.

7.7. If the delivery of the goods is not possible due to the Buyer's fault or due to circumstances dependent on the Buyer (including, but not limited to, the Buyer has specified an incorrect delivery address, telephone number, the Buyer cannot be found at the specified address, the specified address cannot be accessed, the Buyer does not pick up the product at the collection points specified in the service provider's notification within the specified term), the Seller has the right to refuse to resend the goods to the Buyer and unilaterally withdraw from the Agreement. In such a case, the Seller shall refund to the Buyer the amount of money paid by him for the product and its delivery. If at the time of placing the order the payment for the delivery of the goods was not applied to the Buyer, the delivery of the goods is not possible due to the fault of the Buyer, the Seller reserves the right to withhold the full payment for the delivery of the goods from the amount to be refunded to the Buyer.

7.8. Upon receiving the product in the store, by signing the invoice, delivery note or other delivery/acceptance document, the Buyer confirms that the product has been delivered in good condition and that its packaging is not damaged.

7.9. If, upon delivery of the product, the packaging of the product is wrinkled, wet or otherwise damaged from the outside, the Buyer must indicate such defects in the delivery confirmation or draw up a separate document about such defects. The buyer must do this in the presence of the supplier of the goods. The seller is not responsible for such defects of the product that were obvious at the time of its delivery, but no deed/claim was drawn up regarding the quality of the delivery. In the event that the product is removed from the package and it is damaged (outside/inside), it must be recorded in the form of a photo at the same moment and the service provider must be informed, if no information has been received, it means that the product has been received without damage.

7.10. Upon delivery of the goods to the Buyer, the risk of loss or damage to the goods shall pass to the Buyer at the moment when the goods have been delivered to the Buyer in accordance with this Agreement.

1. CLAIMS FOR GOODS NOT CONFORMING TO THE TERMS OF THE CONTRACT

8.1. At the time of product delivery, the Buyer is obliged to make sure that the product complies with the Buyer's order and the terms of the Agreement (for example, it is necessary to make sure that the product's name, volume and other significant obvious parameters are appropriate).

8.2. If the Buyer (legal entity) finds that the delivered goods do not comply with the Buyer's order or the terms of this Agreement, the Buyer (legal entity) must inform the Seller about the non-compliant goods without undue delay by sending a written submission to the Seller stating the non-compliance of the goods with the Buyer's order or the terms of the Agreement. The Seller checks the conditions indicated in the application within 5 (five) working days from the moment of its receipt and contacts the Buyer to find a solution to the situation.

8.3. If the Buyer (consumer) finds that the delivered goods do not comply with the Buyer's order or the terms of this Agreement, the Buyer has the right to submit a claim to the Seller regarding the non-compliance of the goods with the terms of the Agreement within 14 days from the day of purchase of the goods, by submitting a written claim to the Buyer stating the non-compliance of the goods with the Buyer's order or to the terms of the Agreement to the Seller within 1 (one) month from the day when the Buyer discovered the non-compliance of the goods with the Buyer's order or the terms of the Agreement.

8.4. If the Buyer (consumer) has been sold a product that does not comply with the order or the terms of the Agreement and its non-compliance is not considered to be of minor importance according to the terms of the Agreement, the Buyer has the right to demand that the Seller, free of charge, eliminates the non-compliance of the product with the order or the terms of the Agreement or exchanges the product for one with which compliance would be ensured order or the terms of the Agreement, except when this is impossible or disproportionate. In the event that the Seller has not performed the aforementioned actions within a reasonable period of time or has performed them causing significant inconvenience to the Buyer, the Buyer has the right to ask the Seller to reduce the price of the product or to cancel the Agreement and to ask the Seller to refund the amount of money paid for the product. When reducing the price or canceling the Agreement and returning the amount of money paid for the product to the Buyer, the Seller is entitled to take into account the depreciation of the product.

8.5. The application for non-compliance of the goods with the Buyer's order or the terms of the Agreement can be sent to:

• by mail to the address: Brīvības iela 174a-8, Riga, LV-1012; or
• electronically to the Seller's e-mail address: info@nailinfinity.eu .

1. USE OF THE PRODUCT

9.1. Before starting to use the product, the Buyer is obliged to carefully read the terms of use of the product.

9.2. The product may be used only in accordance with its manufacturer's instructions and terms of use and in accordance with the characteristics of this product and the intended purposes of use.

9.3. The buyer (consumer), upon receiving the product, has the right to familiarize himself with the clarification of the nature, characteristics and operation of the product to the extent that it would be possible to do so by purchasing the product in person.

1. WAIVER RIGHTS AND THEIR EXERCISE

10.1. The buyer (consumer) is entitled to use the Consumer Rights Protection Law of the Republic of Latvia and the Cabinet of Ministers regulations of May 20, 2014 no. 255 "Regulations on the distance contract" includes the right of refusal and to unilaterally withdraw from the Agreement without providing the Seller with any justification for this. Information on how to use the Buyer's (consumer's) right of withdrawal is provided in the Terms of Use of the Right of Withdrawal (https://nailinfinity.eu/noteikumi-par-atteikuma-tiesibu-izmantosanu/), which is an integral part of this Agreement.

Cancellation form: https://nailinfinity.eu/atteikumi/ 

1. DISPUTE RESOLUTION PROCEDURES

11.1. 11.2-11.6 of the Agreement. the provisions of paragraph 1 are applicable to the resolution of disputes, disagreements or disagreements that have arisen between the Buyer (consumer) and the Seller.

11.2. Any dispute, disagreement or disagreement that arises between the Buyer (consumer) and the Seller shall be resolved through negotiations, with the Buyer and the Seller trying to reach an agreement. If it is not possible to resolve the dispute through negotiation, the Buyer submits a written application to the Seller in Latvian, sending it to the Seller's e-mail address: info@nailinfinity.eu . In the application, the Buyer states:

• your name, surname and contact information;
• date of submission of the application;
• the nature of the dispute, your claim and its justification.

11.3. The buyer shall attach to the application copies of documents confirming the transaction, as well as other documents supporting the application (if applicable).

11.4. Within 15 (fifteen) working days from the date of receipt of the application, the Seller shall provide the Buyer with an oral or written answer by sending it to the Buyer's e-mail address specified in the application. In the response, the Seller informs the Buyer about:

• the possible way of fulfilling the claim; or
• resolution of the dispute, if no agreement has been reached on the fulfillment of the Buyer's claim or an alternative way of fulfilling the claim within the above-mentioned period; or
• groundlessness of the claim and refusal to fulfill it.

11.5. If, for objective reasons, it is not possible for the Seller to provide an answer to the Buyer's application within the time limit specified in Clause 11.4, the Seller shall immediately inform the Buyer in writing, indicating a reasonable time limit in which the answer will be given, as well as justifying the need for such an extension.

11.6. If the Seller recognizes the complaint submitted by the Buyer as unfounded, while the Buyer does not agree with the recognition of the complaint as unfounded, or the Buyer is not satisfied with the solution to the dispute offered by the Seller, the Buyer has the right to use the alternative dispute resolution options provided for in the Law on Protection of Consumer Rights of the Republic of Latvia, or to approach the Seller in a court of the Republic of Latvia jurisdiction in accordance with the laws and regulations in force in the Republic of Latvia.

11.7. Any dispute, disagreement, disagreement or claim that arises between the Buyer (a legal entity), who is not recognized as a consumer, and the Seller and that results from the Agreement, which concerns its violation, termination or invalidity, will be settled in the courts of the Republic of Latvia after jurisdiction in accordance with the laws and regulations in force in the Republic of Latvia.

1. PERSONAL DATA

12.1. When registering and/or ordering a product on the Website, the Buyer gives the right to the Seller, as the controller of personal data, to select, accumulate, systematize and use all the information and data that the Buyer directly or indirectly provided on the Website. Additional information on the processing of personal data by the Seller is provided in the Privacy Policy, which is an integral part of this Agreement.

1. RESPONSIBILITY

13.1. The Seller is released from any responsibility in all cases where losses occur due to the fact that the Buyer acts illegally or contrary to the provisions of this Agreement.

13.2. In case of damages, the guilty party compensates the other party for the direct damages.

13.3. The Seller is not responsible for delays in the fulfillment of obligations or their non-fulfillment, or other types of non-fulfilment, which occurred in the event of force majeure, that is, due to any circumstances and obstacles that were not known to the Seller at the time of the conclusion of the Agreement and which are beyond the reasonable control of the Seller, including , but not limited to, environmental or climate anomalies, strikes, government orders, war or national emergency, terrorist threats or acts of terrorism, non-performance by third parties, disruptions in the Internet connection, as well as computer equipment and software disruptions or damage. In case of such force majeure circumstances, the Seller will try to eliminate the resulting delays as soon as possible.

1. OTHER TERMS

14.1. The buyer confirms that he is a natural or legal person capable of acting.

14.2. The seller is entitled to transfer his rights and obligations arising from the Agreement to a third party.

14.3. If the Buyer has not made payments to the Seller in accordance with this Agreement, the Seller is entitled to assign its claim against the Buyer to a third party for debt collection. The buyer agrees that in the event of non-payment of the debt, the Seller has the right to transfer the information necessary for debt collection, including personal data, to third parties who may process this data in accordance with the requirements of the applicable laws and regulations.

14.4. This Agreement has been prepared in accordance with the laws and regulations in force in the Republic of Latvia. Questions that are not regulated by the provisions of the Agreement will be resolved by the Buyer and the Seller in accordance with the laws and regulations in force in the Republic of Latvia.

14.5. The norms of the Law on Protection of Consumer Rights of the Republic of Latvia apply only to the Buyer - a consumer who, according to the third part of Article 1 of the Law on Protection of Consumer Rights of the Republic of Latvia, is a natural person who expresses a desire to purchase, purchases or could purchase or use a product for a purpose that is not related to its economic or professional activity.

14.6. The buyer can familiarize himself with additional information about the exercise of the right of refusal and the resolution of disputes on the website of the Consumer Rights Protection Center: www.ptac.gov.lv.

14.7. By placing an order on the Website, the Buyer confirms that he is familiar with this Agreement and the provisions contained in it, that the Buyer is aware of them, that the Buyer understands them and fully agrees with them. The buyer undertakes to familiarize himself with the terms of the Agreement each time the product is purchased. The buyer is not entitled to order the product on the Website if he is not familiar with the terms of the Agreement or does not agree with them.

1. CONTACT INFORMATION

15.1. All the Buyer's questions related to this Agreement or the execution of its provisions should be submitted in writing to the Seller's e-mail address: info@nailinfinity.eu , or verbally by calling the phone number: +371 26226611

, or verbally by calling the phone number: +371 26226611