Rules for Galactico Internet Shop
Terms:
EGC is a Galactico electronic gift card issued by the Hosting Provider.
Hosting Provider is SIA Dāvanu karte, unified registration number 40003812282, having its registered office at Audēju iela 16, Riga LV-1050, and central office at Stacijas laukums 4, Riga LV-105 .
Internet Shop is an online shop maintained by the Hosting Provider in the internet at www.galactico.lv/lv/i-veikals.
Customer is an individual or a legal entity placing the Order in the Internet Shop.
Addressee is an individual or a legal entity indicated by the Customer (may be the Customer himself as well) as the addressee for the Shopping Basket.
Items are EGC of certain denomination value, their packaging and the Custom-made Packaging.
Shopping Basket are the items selected by the Customer in the Internet Shop.
Order is the Shopping Basket completed by the Customer and a filled in detail data form based on which the Hosting Provider invoices the Customer.
Courier is AS Latvijas Pasts, unified registration number 40003052790, having its registered office at Ziemeļu iela 10, Lidosta Rīga, Mārupes nov. LV-1053, which entity delivers the Shopping Basket to the Addressee on behalf of the Hosting Provider.
Service Pricelist is fees established by the Hosting Provider for the Order fulfilment (Schedule 1).
Galactico Shopping Centres are Alfa, Origo, Galerija Centrs, Mols and Dole shopping centres.
Custom-made Packaging is personalised packaging for EGC using a picture downloaded by the Customer or picture galleries offered by the Hosting Provider.
EGC Rules are Rules for Electronic Gift Card Users issued by the Hosting Provider.
VAT is value-added tax applicable to the price for the Items or services in the amount prescribed by the laws and regulations of the Republic of Latvia at any given time.
1.Operation of Rules
1.1These Rules for Galactico Internet Shop (the Rules) regulate relations among the Customer, the Addressee and the Hosting Provider of the Internet Shop.
1.2In addition to these Rules the legal relations arising when buying the Items in the Internet Shop are regulated by the EGC Rules and the laws and regulations of the Republic of Latvia.
1.3In order to further develop the Internet Shop and increase security of online shopping the Hosting Provider is entitled to amend and supplement the Rules for Internet Shop and the Service Pricelist. Changes in the Rules and the Service Pricelist are shown at www.galactico.lv/lv/i-veikals. Supplements to and amendments of the Rules and the Service Pricelist take effect as from the date of their publication www.galactico.lv/lv/i-veikals. Orders made before the effective date of such changes are subject to the rules effective at the time Order placement, except for cases when otherwise stipulated in the law or the Rules.
2.Customers
2.1The Customer may shop in the Internet Shop either as a registered or unregistered user.
2.2In order to become a registered user, upon initial filling in of the detail data form, username and password are sent to the e-mail address indicated in contact information; when making orders in the Internet Shop said username and password should be used by the Customer when making orders as a registered user in the Internet Shop. In order to change the initially indicated parameters, changes should be made in the detail data form upon login.
2.3An unregistered user has to fill in the detail data form with each Order.
3.Prices for Items and Services
3.1Prices for the Items and services in the Internet Shop are quoted in Latvian lats.
3.2 The price of the EGC is equivalent to its denomination value, VAT not applicable. Prices of other Items and services are VAT-inclusive.
3.3 Prices for the Items in the Internet Shop are valid if the invoice is timely paid, i.e., within 10 (ten) business days of invoice delivery.
4.Shopping Basket and Order Completion
4.1 The Shopping Basket is formed when the Customer chooses the particular Items or services in the Internet Shop.
4.2 Quantity of Items in the Shopping Basket may be changed by pressing the button Renew to have the changes confirmed. To proceed with the completion of the Order, the button Confirm Purchase must be pressed whereupon the page for Order type selection will open.
4.3 On the page for Order type selection the Customer may select the Order type: either enter the system as a registered user, or as a new user, or place the Order without registration.
4.4 When choosing the menu item Registration or Without registration, the Customer has to complete the detail data form.
4.4.1 If the Customer chooses to place the Order without registration, the posted detail data is used for the particular Order and will not be stored for further Orders.
4.4.2 If the Customer chooses to place the Order with registration, the posted detail data is stored in the system and the username and password will be sent to the e-mail address stated in contact information, and the Customer will have to use such username and password when placing the Order in the Internet Shop.
4.5 The Customer has to fill in all mandatory fields in the detail data form and to state the desirable delivery place of, and method of payment for, the Order.
4.5.1 If the Customer chooses to have the Order delivered by the Courier to a certain address, the Customer has to indicate the name, delivery address and contact phone of the Addressee.
4.6 In order to confirm the Order, the Customer must check the checkbox stating that the Customer has reviewed and agrees to the EGC Rules.
4.7 If the total value of EGCs included in the Order exceeds LVL 1000, the Customer has to make an agreement with the Hosting Provider. In such case the Customer has to contact the Hosting Provider as to the agreement execution procedure by calling the phone number indicated in Clause 13.2 of the Rules.
4.8 The agreement to be made between the Customer and the Hosting Provider as per Clause 4.7 of the Rules is available at the website of the Internet Shop at Dāvanu karte (Gift Card).
5. Order Payment
5.1 When the Customer has completed the Order, it must be confirmed by pressing button Next to have the invoice prepared; the invoice is always sent to the Customer to his e-mail address indicated in the detail data form irrespective of the method of payment for the Order.
5.2 Orders placed with the Internet Shop can be paid for:
5.2.1 via the internet bank at the Order confirmation page of the internet bank of the available commercial banks;
5.2.2 by wire transfer as per the invoice at the Order confirmation page selecting Transfer as method of payment;
5.2.3 by payment card; information on payment cards accepted for the Order payment are indicated in the web site of the Internet Shop.
5.3 The Order and relevant invoice are cancelled if the invoice is not paid within 10 (ten) business days of the date of its very.
6. Order Fulfilment
6.1 The Order placed by the Customer becomes binding on the Hosting Provider when the Customer has paid the invoiced amount to the Hosting Provider as follows:
6.1.1 when the payment for the Order is credited to the bank account of the Hosting Provider, if payment is made via the internet bank or by wire transfer;
6.1.2 when the Hosting Provider has received a confirmation from the payment card issuing bank that the payment has been successfully completed, if payment is made by payment card.
6.2 If the Customer recalls or changes the prepared Order, the Customer pays the Hosting Provider an Order cancellation or change fee as per the Service Pricelist. In case of Order cancellation, the Hosting Provider deducts a fee from the money paid by the Customer and issues an additional invoice for such deducted amount. In case of change order, the Hosting Provider issues an additional invoice for change Order stating the fee to be paid additionally.
6.3 Only such Orders are fulfilled that have been paid in full.
6.4 The Orders paid before 15:00 are delivered to the place indicated by the Customer (anywhere in Latvia) no later than within 2 (two) business days of the date when payment has been credited to the account of the Hosting Provider except for the case specified in Clause 6.5 of these Rules.
6.5 If the total number of EGCs ordered by the Customer exceeds 300 (three hundred) pieces, the Hosting Provider and the Customer agree on the timeframe for the Order fulfilment separately. However, at all events the Order must be fulfilled no later than within 5 (five) business days.
6.6 In order to foster successful delivery of the Order, the Customer has to indicate maximally full information as to the place of delivery in the field Address (room, floor, entrance, door code, etc.).
7. Order Delivery Methods
7.1 The Orders can be delivered:
7.1.1 by the Courier at the delivery address indicated by the Customer at any place in Latvia (the Orders are delivered on weekdays between 09:00 and 16:00);
7.1.2 to the information centre of any Galactico shopping centre (the Orders are delivered on weekdays between 10:00 and 17:00; the Order can be received during the working hours of the information centre of the Galactico shopping centre in question);
7.1.3 to the office of the Hosting Provider (the Orders are delivered on weekdays between 09:00 and 17:00)
7.2 The Customer has to pay for delivery of the Order as per the Service Pricelist.
7.3 If the Order is delivered to the Addressee by the Courier, the delivery cost also depends on place of delivery (delivery zones for mail deliveries in Schedule 2).
8. Order Delivery to Address Indicated by Customer
8.1 If the Order has to be delivered to the address indicated by the Customer, the Order will be delivered to such address during the delivery slot as agreed by the Hosting Provider and the Addressee earlier when the Hosting Provider calls the Addressee’s phone number indicated in the Order.
8.2 The Courier delivers the Order at the agreed time slot.
8.3 When the Courier has picked up the Order, the Courier may repeatedly contact the Addressee to agree on more precise Order delivery slot.
8.4 If the Order is delivered by the Courier, the Addressee has to check, in the presence of the Courier, the contents of the Order and compare it with the documents confirming the Order. If the Addressee detects any discrepancy, the Addressee has no obligation to sign the document confirming the Order or accept the Items; in such case the Addressee makes a respective Item refusal note on the document confirming the Order. The Customer has to notify the Hosting Provider of such situation within 2 (two) business days by giving notice to the e-mail address info@ekarte.lv indicated on the web site.
8.5 The Courier delivers the Order together with the documents confirming the Order, namely, the delivery and acceptance certificate (if the Order consists of EGC only) or waybill. Prior to signing said documents, the Addressee has to inspect packaging; if any external damage is detected, such information must be stated in the delivery and acceptance certificate or the waybill. In case of damaged Items or damaged packaging, the Addressee has to notify the Hosting Provider either by giving notice to the e-mail address info@ekarte.lv or calling +371 67018168 within 2 (two) business days.
8.6 The Orders must be received within 10 (ten) days of moment when the Hosting Provider calls the Addressee’s phone number indicated in the Order informing him of the discharge of the Items. If the Addressee cannot be reached within such 10 (ten)-day period at the address or over the phone, the Hosting Provider is entitled to unilaterally cancel the agreement, and in the same way as in case of the Order cancellation, the Hosting Provider deducts a fee from the money paid by the Customer and issues an additional invoice for such deducted amount as stated in the Service Pricelist for agreement cancellation. The Hosting Provider informs the Customer of agreement cancellation by sending an e-mail to the e-mail address or calling the phone number indicated in the Order.
8.7 If any Items included in the Order are not in the warehouse and the Hosting Provider has to order them from its supplier, and therefore the Items cannot be delivered within the agreed time slot, as well as in other cases when timely delivery of the Items is not possible due to any other reason that are beyond control of the Hosting Provider, the Hosting Provider informs the Customer of such delay by sending an e-mail to the e-mail address or calling the phone number indicated in the Order within 2 (two) business days of the effective date of the Order and agrees with the Customer on another Order delivery slot.
8.8 The Hosting Provider and the Courier undertake no liability and do not compensate the Customer or the Addressee of any loss and cost that might be incurred due to delay in Order delivery and other misunderstandings that have occurred due to imprecise data provided by the Customer.
9. Order Delivery to Information Centre of Galactico Shopping Centre
9.1 The Customer who is an individual may indicate the information centre of the Galactico shopping centre as place of Order delivery, provided that the total value of EGCs included in the Order does not exceed LVL 1000 (Clause 4.7 of the Rules). The Customer is informed of the readiness of the Hosting Provider to deliver the Order to the Customer in the information centre of the shopping centre in question by Hosting Provider’s representative sending an e-mail to the Customer to the e-mail address of the contact person of the Customer inviting him to pick up the Order.
9.2 The Customer that is a legal entity and individuals provided that the total value of EGCs included in the Order exceeds LVL 1000 (Clause 4.7 of the Rules) should choose other methods of Order delivery indicated in Clauses 7.1.1 and 7.1.3 of these Rules.
9.3 The Orders can be picked up at the information centre of the Galactico shopping centre during its working hours stated in the web site of the shopping centre that is a Galactico Alliance member or at www.galactico.lv. Working hours of the shopping centres and information centres situated therein may differ.
9.4 The Orders must be picked up at the information centre of the Galactico shopping centre within 5 (five) business days of receipt of invitation at the e-mail address indicated in the Order. If the Order is not picked up within 5 (five) business days or if no agreement is reached with the Hosting Provider as to the extension of said timeframe, the Hosting Provider is entitled to unilaterally cancel the agreement, and in the same way as in case of the Order cancellation, the Hosting Provider deducts a fee from the money paid by the Customer and issues an additional invoice for such deducted amount as stated in the Service Pricelist for agreement cancellation. The Hosting Provider informs the Addressee of agreement cancellation by sending an e-mail to the e-mail address or calling the phone number indicated in the Order.
9.5 When picking up the Order, the Addressee must present a valid identity document and a valid notarised power of attorney if the Customer and the Addressee is not the same person.
9.6 The Order is issued together with documents confirming the Order, namely, the delivery and acceptance certificate (if the Order consists of EGC only) or waybill.
10. Picking up of Order at Office of Hosting Provider
10.1 If the Customer has indicated the office of the Hosting Provider as the place for picking up of the Order, the Hosting Provider’s representative sends an e-mail to the Customer to the contact e-mail address indicated in the Order inviting him to pick up the Order.
10.2 The Orders can be picked up at the office of the Hosting Provider on business days in the hours indicated in Clause 7.1.3 of these Rules.
10.3 If the Customer is a legal entity, in order to pick up the Order, a valid power of attorney issued by such legal entity must be presented and the authorised person has to present a valid identity document.
10.4 If the Customer is an individual, in order to pick up the Order the Addressee must present a valid identity document and a valid notarised power of attorney if the Customer and the Addressee is not the same person.
10.5 The Order is issued together with documents confirming the Order, namely, the delivery and acceptance certificate (if the Order consists of EGC only) or waybill.
11. Order Cancellation, Change Orders and Right to Refuse
11.1 Upon payment for, and before delivery of, the Items, the Customer is entitled to cancel or change his Order by sending an e-mail to info@ekarte.lv stating the Order number and the current account of the Customer or calling the Internet Shop at +371 67018168.
11.2 The Customer that is an individual and for the purposes of laws regulating consumer rights is considered a consumer may not exercise his right to refuse received/delivered Items because the Items have been produced pursuant to the consumer’s instructions (for example, Custom-made Packaging for EGC), or due to the features/nature of the Items or because of other reasons prescribed by the laws and regulations of the Republic of Latvia, the Items cannot be returned to the Hosting Provider for secondary sale to another Customer (for example, EGC packaging, also Custom-made Packaging).
11.3 The Customer that for the purposes of laws regulating consumer rights is not considered a consumer cannot return the Items to the Hosting Provider after their receipt except for the case if the Item in question fails to conform to the Order or the terms and conditions of the executed agreement.
11.4 In case of Order cancellation, change Order or if the Customer exercises his right to refuse, i.e., the right to return, the Item within 14 days of its receipt, provided that such right has been established for the Customer herein, money paid by the Customer for the Item (or the difference caused by change Order) is returned to the indicated current account no later than within 30 days of receipt of notice on the Order cancellation or change Order or the date of return of the Item. Whenever the Order cancellation or change Order is not related to any breach by the Hosting Provider of its obligations, the Customer is obliged to pay the Hosting Provider an Order cancellation or change fee as per the Service Pricelist attached to the EGC Rules.
12. Warranty and Return of Damaged Items
12.1 The Internet Shop is not held liable for:
12.1.1 deterioration/damage of the Item by fault of the Addressee;
12.1.2 damage done as a result of careless use of the Item;
12.1.3 normal wear and tear of the Item in the course of its use.
12.2 If the Items delivered to the Addressee fail to conform to the terms and conditions of the Order (agreement), including such Items that have been damaged during their transportation, such Items are replaced within 5 (five) business days of the receipt of notice from the Addressee of the discrepant Item within the timeframe prescribed by Clause 8.4 of the Rules.
12.3 If the Item delivered to the Addressee (who is an individual and for the purposes of laws regulating consumer rights is considered a consumer) is discrepant as per the terms and conditions of the Order (agreement), including such Items that have been damaged during their transportation, the Addressee is entitled to request that the Hosting Provider either (a) replaces the item with the same or equivalent item that would conform to the provisions of the agreement, or (b) cures such unconformity of the item to the provisions of the agreement or compensates the consumer for expenditure caused by curing of unconformity free of charge, or (c) cancels the agreement and returns the money paid for the item to the consumer.
12.4 In case of return of the Item, the Addressee is responsible for Item quality and safety maintenance until the Item is delivered to the Courier.
12.5 Upon receipt of notice from the Addressee stating that the delivered Item fails to conform to the provisions of the Order (agreement), the Hosting Provider contacts the Addressee and agrees on delivery of the Item conforming to the Order and picking up of the discrepant Item.
12.6 In case of delivery of the Item discrepant to the provisions of the Order (agreement), the Addressee is entitled to request that the Item be replaced or that the agreement be cancelled and the Items be returned to the Internet Shop. If at the time of delivery of the Item (EGC) the Addressee, when scrutinising packaging, fails to detect any external damage of packaging or if such damage is detected but is not indicated (in the documents confirming Order delivery), or if the Addressee fails to give notice of unconformity of the Item within the timeframe specified in Clause 8.4 of the Rules, all further complaints of the Addressee in respect of unconformity of the Item with the provisions of the Order (agreement) and all relations between the Hosting Provider and the Addressee are regulated as per the EGC Rules.
12.7 The Hosting Provider undertakes to compensate the Addressee for transport costs related to the delivery of the Item that fails to conform to the provisions of the Order (agreement) to the Addressee and to arrange that such discrepant Items are returned by the Courier to the Hosting Provider at expense of the Hosting Provider. Services referred to in this Clause are provided if the Courier services are used.
12.8 In case of return of the Item that fails to conform to the provisions of the Order (agreement), money paid by the Customer is returned to the indicated current account no later than within 30 days of return of the Item that fails to conform to the provisions of the Order (agreement).
12.9 In addition to the rights arising out of the warranty provisions, the Customer as consumer also has other right as prescribed by statute.
13. For the Attention of Customers
13.1 Assortment of Items and delivery prices may be changed without prior notice. All pictures and descriptions are maximally close to reality though they cannot always provide an exhaustive idea of the Item.
13.2 Before the purchase of the Item, if necessary, the customers may obtain more detailed information on the items by sending an e-mail to info@ekarte.lv or calling +371 67018168.
14. Other Provisions
14.1 All personal data of customers disclosed because of their visit of the Internet Shop and making payment for the Items is treated as confidential and will not be disclosed to any third party. Data processing is performed in a way that ensures security of the customer’s personal data and bank payment details.
14.2 Prior to placing the Order, the Customer undertakes to provide the Hosting Provider with legal basis for processing of Addressee’s personal data necessary for receipt of the Items ordered through the Internet Shop.
14.3 The Hosting Provider is entitled to process personal data of customers to the extent this is necessary to fulfil these Rules, maintain and operate the processing system and perform the provisions and requirements prescribed by statute and by the supervisory and controlling authorities that are binding on the Hosting Provider.
14.4. The Hosting Provider and the Courier shall be entitled to be transferred between the Buyer and the Addressee of personal data to the extent necessary for the Buyer's order and the Internet Shop for implementing these provisions. Buyer and Addressee transfer of personal data processing to third parties for commercial purposes is not permitted.
14.5. If the Buyer Consumer scope of laws on the meaning recognized as a consumer, all disputes relating to these Rules shall, if they are not resolved by negotiation between the Buyer with the Hosting Provider, are resolved, in a court of law of the Republic of Latvia having jurisdiction over the domicile of the Hosting Provider.
14.6. If the Buyer Consumer scope of laws on the meaning does not constitute a consumer, then any dispute, disagreement or claim arising out of these Terms or related to it or the breach, termination or invalidity thereof, shall be settled Latvian Chamber of Commerce Court of Arbitration in Riga, accordance with the arbitration rules and regulations. Number of arbitrators shall be one. The arbitration hearing will be the Latvian language. Where the amount is up to LVL 1000, the dispute be settled in accordance with the Latvian Chamber of Commerce Small Disputes Arbitration Rules, unless the parties otherwise agree.
