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Terms of use

  1. 1.      Terms and Definitions

These General Provisions of use of AS “Moda Kapitāls” Internet shop www.emoda.lv and purchasing of goods shall be applied to purchasing of goods at the Internet shop www.emoda.lv. In the context of these General Provisions, the following terms shall have the following definitions:

1.1.Client—any natural or legal person who orders goods at the Internet shop and is the receiver of the ordered goods.

1.2.Goods—goods offered by the Seller to be purchased at the Internet shop.

1.3.Seller—AS “Moda Kapitāls”, registration No.: 40003345861, legal address: Ganību dambis 40A-34, Riga, LV-1005.

1.4.Internet shop—Internet site at www.emoda.lv, where the Client is offered Goods that can be purchased at the mentioned Internet shop.

1.5.Order—a Client’s order, executed in accordance with the General Provisions, for purchasing Goods at the Internet shop and delivering Goods to the address indicated by the Client or for reserving Goods for purchasing at the location of Goods.

1.6.Delivery Service—Seller’s partner/partners that ensure delivery of the Goods purchased by the Client to the address indicated by the Client.

1.7.Client Service—a client service owned or administered by the Seller which performs processing of orders made by Client, their monitoring and control of execution, as well as ensures provision of additional information about the Goods and performs any other tasks related to client service.

1.8.External Sites—other Internet sites where references to the Internet shop www.emoda.lv are placed.

1.9.Parties—the Client and Seller together; a Party—Client or Seller individually.

1.10.        Client Account—a Client account created on the Internet shop’s website before making an order for purchasing Goods.

1.11.        Contract—Purchase Contract concluded by and between the Client and the Seller in accordance with the procedure laid down in the General Provisions, provisions of which have been included in the General Provisions.

1.12.        Password—an access code created by the Seller and issued to the Client for accessing the Client’s Account on the Internet shop’s website.

1.13.        Provisions—General Provisions of use of Internet shop and purchasing of Goods.

  1. 2.      General Provisions

2.1.Seller is the owner and administrator of the Internet shop.

2.2.The Client shall confirm that he/she has read and agrees with the Provisions, when ordering Goods at the Internet shop.

2.3.The information placed about the Goods at the Internet shop is the public offer.

  1. 3.      Registration

3.1.Goods at the Internet shop can only be ordered by a person who has carried out registration, i.e., a person who has registered as a user of the Internet shop.

3.2.When registering as a user of the Internet shop, the Client must provide the following information: given name, family name, delivery address, telephone number and e-mail address. In case the Client is a legal person, it has to provide the following information: name of the company, registration number, VAT registration number (if applicable), legal address, delivery address, telephone number, person authorised for communicating with the Seller, e-mail address, bank details.

3.3.Only the Client shall be responsible for the correctness and correspondence of information indicated in the registration application to the actual situation.

3.4.When the Client has registered as a user of the Internet shop, the Seller shall automatically set up his/her Client Account and issue a password for further use of the Client Account by sending the password to Client’s e-mail address indicated in the Client’s registration application.

3.5.The Client shall be responsible for storing and nondisclosure of his/her password and user name. The Seller shall not be responsible in cases when any third person has gained access to the Client’s password or username and uses the Client’s Account at the Internet shop. The Client shall be responsible for all damages caused to the Seller and shall be completely responsible for all Client’s obligations towards the Seller, in such cases.

3.6.If the Client has suspicions that any third party might use his/her password and/or username, the Client shall inform the Seller immediately by sending an e-mail letter to the Client Service from Client’s e-mail address indicated in the registration application.

  1. 4.      Execution of and Term for Performing the Order

4.1.The Client may execute the Order by choosing any Goods showed at the Internet shop and placing it in the Goods purchasing bag.

4.2.When executing the Goods Order, the Client shall indicate at a special place in the Goods Order the delivery address or the date when the Client has intended to receive the Goods, in case the Client wants to receive the Goods at a Seller’s branch where the Goods are located at the moment of making the Order

4.3.If the Client wants to receive the Goods at a Seller’s branch where the Goods are located, these Goods must be received by the Client within maximum 3 (three) calendar days from making the Order. If the Client has not received the Goods at the Seller’s branch within the term specified, the Client shall lose the pre-emptive rights and the Seller shall have the right to sell the particular Goods to any other buyer.

4.4.If the Client, when executing the Goods Order, has ordered the Goods in largest quantity than available at the Seller’s warehouse, the Client Service shall contact the Client and inform him/her about the available amount of Goods. In this case the Client shall have the right to pay for and receive Goods in the amount available at the Seller’s warehouse or to cancel the particular Goods Order. If the Client has performed payment for the initially chosen amount of Goods, the Seller undertakes to repay the overpaid amount for Goods by transferring it to the Client’s bank account, from which the Client’s payment had been received, within maximum 3 (three) working days.

4.5.When executing the Goods Order, the Client shall indicate the preferable type of Goods delivery  or receiving of Goods at a Seller’s branch where the Goods are located.

4.6.The Client shall pay for the delivery of Goods at the same time with performing the purchase payment for Goods, depending on the chosen type of Goods delivery. Payment for the delivery of Goods depends on the chosen type of delivery and the weight of Goods. The amount for the delivery of Goods shall be indicated when making the Goods Order.

4.7.When making the Goods Order, the Client is obligated to read these Provisions and to mark that he/she has read and agrees with the Provisions, at a special place.

4.8.Purchase Contract shall be concluded by and between the Parties at the moment when the Client sends the Goods Order to the Seller.

4.9.The Seller shall place information about the Goods and its dimensions, as well as the photograph of the Goods on the Internet shop. The photograph of the Goods gives only information about the model of the particular Goods and does not show the actual condition of the particular Goods. Before executing the order, the Client shall have the right to contact the Client Service in order to receive detailed information on the chosen Goods and its actual condition.

4.10.        The Client has been informed that also second-hand Goods are sold at the Internet shop, the actual condition and wear of Goods shall be shown in the description of Goods. If the Client wants to purchase second-hand Goods, then he/she shall confirm that he/she has read the description of the particular Goods about the actual condition and wear of Goods, when making the Order.

  1. 5.      Delivery of Goods

5.1.The Seller undertakes to ensure delivery of Goods within 1-7 working days after the invoice has been paid. Payment for Goods shall be considered to be made at the moment when the payment for the particular Goods has been received in the Seller’s current account.

5.2.The Seller shall provide for the delivery of Goods to all regions of the Republic of Latvia.

5.3.The Seller undertakes to ensure delivery of Goods within the terms indicated in Article 5.1 of the Provisions. However, the Seller shall not be liable for delay of delivery of Goods if it has taken place due to reasons out of the control of the Seller or due to reasons which the Seller could not affect and/or prevent.

5.4.If the delivery of Goods is made by a courier, the Client undertakes to receive the Goods personally at the address, which the Client has indicated in the registration application as the address for the delivery of Goods. If the Client cannot receive the Goods at the indicated address personally, he/she shall inform the Seller about the person who will receive the Goods at the moment of delivery, in writing. In such case the Client may not bring any claims and/or protests against the Seller thereafter with regard to fact that the Goods have been handed over to a third party indicated by the Client.

5.5.When receiving the Goods at a Seller’s branch, the Client shall present a personal identity document and confirmation of Goods Order.

5.6.When receiving the Goods, the Client must verify that the packaging of Goods is not damaged, as it could cause damage also to the Goods. In case the Client establishes that the packaging of Goods is damaged, at the moment of receiving the Goods, the Client shall indicate the identified damage to the packaging of the Goods and any other faults in the Acceptance Certificate of Goods. If the Client has not indicated any damage to the packaging of Goods which could cause damage also to the Goods, at the moment of receiving the Goods, the Seller shall not be liable for damage to the Goods that have been caused by the damaged packaging of Goods.

5.7.If the Client establishes that inadequate Goods have been delivered to the Client, i.e., wrong assortment, dimensions, size, etc., at the moment of receiving the Goods, the Client shall contact the Client Service and inform the Seller thereof immediately in writing and exercise his/her right of withdrawal as provided for in Article 7 of the Provisions or the right provided for in Article 8 of the Provisions.

5.8.If the Client has performed purchase payment for the Goods in full but has not arrived at the Seller’s branch within 14 (fourteen) days in order to receive the Goods, the Seller shall have the right to repay the purchase price for Goods to the Client by transferring it to the Client’s bank account, from which the Client’s payment had been received, or to repay the purchase price for Goods via VAS “Latvijas pasts” to the actual address indicated by the Client and withhold bank’s commission fee for the transfer or VAS “Latvijas pasts” commission fee for the service provided, as well as EUR 4.00 (four euro and 00 cents) from the purchase payment for Goods for storing the Goods at the Seller’s warehouse for each day of storage of Goods; the payment for storing the Goods shall be calculated starting from the 4th (fourth) day when the Client has sent the Goods Order to the Seller.

5.9.If the Client holds off receiving the Goods or has provided the Seller misleading information regarding the time and/or place of the delivery of Goods, as a result of which the delivery of Goods had to be performed repeatedly, the Client shall be obligated to compensate all costs that have arisen to the Seller and/or Supplier of Goods in relation to the repeated delivery of Goods in addition to the payment for the delivery of Goods before the Goods are received.

5.10.        If the Client has avoided or been deliberately negligent within 30 (thirty) calendar days from the payment of Goods due to which delivery of Goods to the Client by using the type of delivery of the Goods as chosen by the Client has been impossible, the property rights to Goods shall return to the Seller. The Seller shall transfer the purchase payment for Goods to the Client’s bank account, from which the Client’s payment had been received, or repay the purchase payment for Goods via VAS “Latvijas pasts” to the actual address indicated by the Client, within 14 (fourteen) calendar days from the moment when the Supplier of Goods chosen by the Client has returned the Goods to the Seller. In such case the Seller shall have the right to withhold bank’s commission fee for the transfer or VAS “Latvijas pasts” commission fee for the service provided, as well as additional costs for the services of Supplier of Goods, as well as EUR 4.00 (four euro and 00 cents) from the purchase payment for Goods for storing the Goods at the Seller’s warehouse for each day of storage of Goods; the payment for storing the Goods shall be calculated starting from the day when the Supplier of Goods chosen by the Client has returned the Goods to the Seller until the moment when the Seller has performed repayment of purchase payment for Goods to the Client.

5.11.        If Goods have not been delivered to the Client within the term laid down in Article 5.1 of these Provisions and the Goods supplier  is at fault in the delay of delivery of the Goods and the Client does not need the Goods any longer and he/she has informed the Seller thereof, the Seller shall reimburse the purchase payment for the Goods to the Client, as well as the costs for the delivery of Goods.

  1. 6.      Procedure for Payment for Goods

6.1.The price for Goods at the Internet shop is indicated next to goods, VAT included.

6.2.The price for Goods indicated at the Internet shop is valid on the day when the Internet shop’s website is visited. If a special price has been set for the Goods (a special offer), the term of the special offer and the special price is indicated next to the particular Goods and are valid until the special price is indicated for the particular Goods. 

6.3.If the price for Goods indicated at the Internet shop does not correspond to the actual situation, the Seller shall contact the Client immediately after receiving the Goods Order and inform the Client on the actual price for the Goods. In this case the Client shall have the right to cancel the Goods Order unilaterally. If the Seller does not manage to contact the Client in order to inform him/her on the actual price for the Goods, the Seller shall cancel the particular Goods Order and inform the Client thereof by contacting him/her by the e-mail address or telephone number indicated in the registration application and repay the purchase price for Goods to the Client by transferring it to the Client’s bank account, from which the Client’s payment had been received.

6.4.The Client shall pay for the Goods by using one of the types of payment offered by the Seller: with a transfer to the Seller’s current account, by payment card, or in cash at the Seller’s branch at the moment of receiving the Goods.

6.5.The Client shall perform the payment for the Goods ordered and the delivery of Goods immediately if the Client performs the payment for Goods by payment card, or within maximum 2 (two) working days from the moment the Client has ordered the Goods if the Client has chosen other types of payment for the Goods. In case the Client has not performed the payment for the Goods ordered within the term indicated, the Order shall be considered to be cancelled and the reservation of Goods shall be cancelled automatically.

  1. 7.      Right of Withdrawal

7.1.The Client shall have the right to withdraw from the Contract unilaterally within 14 (fourteen) calendar days from the moment of receiving the Goods.

7.2.If the Client uses the right of refusal as laid down in Article 7.1 of the Provisions, the Client shall send or submit to the Seller a written notification thereof within 14 (fourteen) calendar days from the moment of receiving the Goods. The written notification about the use of right of withdrawal shall be submitted or sent to any Seller’s branch in the territory of the Republic of Latvia, or the scanned version of the notification shall be sent to the e-mail infoatemoda.lv in .pdf format.

7.3.The Client shall include in the written notification regarding the use of the right of withdrawal:

-       given name and family name,

-       personal identity number;

-       notification about the use of the right of withdrawal and information on the Goods which the Client wants to return to the Seller, as well as confirmation that the Client has not used the Goods;

-       place and time of drawing up the notification;

-       personal signature.

7.4.In case of using the right of withdrawal as laid down in Article 7.1 of the Provisions, the Client must return the Goods to the Seller within 7 (seven) calendar days from the day of sending the notification. The Client may return the Goods to the Seller by handing them over in person at any Seller’s branch in the territory of the Republic of Latvia or by sending them via mail or courier to the Seller’s address: Ganību dambis 40a-34, Riga, LV-1005.

7.5.The Client shall be responsible for maintaining the quality of the Goods until the moment the Goods are returned to the Seller, i.e., the Client shall be responsible for depreciation of the value of Goods if the Goods have been used in any other way than for making sure if the Goods confirm to the needs of the Client and/or for ascertaining the characteristics of the Goods, especially if:

7.5.1.      the Goods are worn (exceeding the level of wear of Goods at the moment of purchasing) and/or damaged;

7.5.2.      the Goods are not in full set;

7.5.3.      the Goods are not in the packaging in which they were sold or if the packaging has been materially damaged, except if the damage to the packaging of Goods is necessary for ascertaining the characteristics of the Goods and for making sure if the Goods confirm to the needs of the Client;

7.5.4.      the seal of the Goods, which had been attached to the Goods, has been damaged or removed and the fact of seal had been indicated in the purchasing documents of the Goods.

7.6.The Seller shall repay the received purchase payment for the Goods to the Client immediately, but not later than within 30 (thirty) calendar days from receiving of the written withdrawal of the Client; however, the Seller shall have the right not to repay the Client the purchase payment for the Goods until the Client returns the Gods or submits documents evidencing the return or sending of the Goods to the Seller.

7.7.In case the Client uses the right of withdrawal as laid down in Article 7.1 of these Provisions, the Client shall cover all costs that are related to the sending of the Goods to the Seller.

  1. 8.      Goods not Conforming to the Contract Provisions

8.1.If the Client considers that he/she has received Goods that do not conform to the Contract provisions, the Client shall have the right to submit a claim to the Seller, pursuant to the requirements of the effective legal acts of the Republic of Latvia. The Client shall have the right to submit such claim in writing in free format or by filling in a form provided by the Seller.

8.2.If the Client has received Goods that do not conform to the Contract provisions, he/she shall have the right to claim:

8.2.1.      a corresponding cut in the price for Goods;

8.2.2.      elimination of nonconformities of the Goods free of charge or reimbursement of costs arising for the Client for eliminating the identified nonconformities of the Goods;

8.2.3.      substitution of Goods with similar or equivalent Goods that would comply with the Contract provisions;

8.2.4.      cancellation of the Purchase Contract and repayment of the purchase price for Goods to the Client, except for cases when the nonconformity of Goods is insignificant and cannot affect the Client’s total ability to use the Goods.

8.3.The Goods shall be considered non-compliant with the Contract provisions if:

8.3.1.      the Goods do not conform with the requirements specified in legal acts or normative technical documents and general requirements—if Goods lack properties and performance that is natural for such Goods and that could be normally expected by the Client taking into account the nature of Goods;

8.3.2.      the Goods are not suitable for tasks provided for in normative technical documents or technical certificate, or—if there are no such documents—tasks for which Goods with the same name or description are usually used;

8.3.3.      the Goods are not suitable for tasks which the Client has chosen the Goods for and which the Client has informed to the Seller either directly or indirectly upon concluding the Contract, except for cases when the Seller could not have understood such special tasks and the Client did not have any justified reason to trust in the competence and judgement of the Seller;

8.3.4.      the Goods do not comply with the properties or the set of Goods does not comply with the set of Goods that has been provided by the Seller with samples or models of Goods at the moment of concluding the Contract or expressing the offer;

8.3.5.      the Goods are not packed (the Goods does not have to be packed in the original packaging), but the packaging is necessary in order to prevent the Goods from damage or getting damaged;

8.3.6.      misleading, false, incomplete or unclear (illegible) information has been provided with respect to the Goods or no information has been provided at all due to which it is impossible to use the Goods for the task intended or due to which the Goods cause or may cause risk to the property, health, life of the Client or the environment.

8.4.Non-compliance of the Goods with the Contract provisions shall be considered as insignificant if the non-compliance of the Goods does not undermine the quality of performance of the basic functions or application properties of the Goods and if it can be eliminated without causing visually detectable changes to the appearance of the Goods, according to an expert conclusion.

  1. 9.      Intellectual Property

9.1.It is forbidden to copy the information and pictures published on the Internet shop’s website. The brands, trademarks, and logos published on the Internet shop’s website are owned by their registered owners or unregistered users, and copying or duplication and/or use thereof is forbidden.

  1. 10.  Guarantee

10.1.  The Seller shall provide for a 2 (two) years guarantee from the day of purchasing the Goods for new Goods. Guarantee for second-hand Goods shall be determined for Goods individually, although for a part of second-hand Goods no guarantee will be provided. Information on the guarantee, availability or lack thereof, as well as the guarantee term is indicated next to Goods at the Internet shop.

10.2.  Guarantee for Goods shall be provided in writing and it shall include provisions for submitting claim for guarantee, guarantee term, as well as the name (firm name) of the guarantor, as well as other information pursuant to the legal acts of the Republic of Latvia.

10.3.  If the Client has purchased second-hand Goods which the Seller provides guarantee for, then such Goods shall be sealed and this fact shall be recorded in the delivery documents of the Goods. If the Client has removed the seal and/or damaged it, the Seller shall have the right to refuse the guarantee.

  1. 11.  Liability of Parties

11.1.  The Client shall reimburse all loses that have arisen to the Seller due to false information provided by the Client to the Seller.

11.2.  The Seller shall not be liable for loses caused to the Client if the Client has not used the Goods according to their intended usage.

  1. 12.  Provision and Confidentiality of Information

12.1.   The Seller shall have the right to transfer the rights and obligations of the Seller as laid down in the Provisions to third parties without prior approval of the Client.

12.2.   The Parties shall treat the information provided by the Client to the Seller as confidential. The Seller shall have no right to provide confidential information to any third party, except for the cases provided for in the Provisions and legal acts of the Republic of Latvia, without prior approval of the Client.

12.3.   The Client agrees and entitle the Seller to process the information provided by the Client, including to compile, register, store, collect, convert, use, transfer, disclose, delete, or block data on the Client, to transfer data on the Client to merchants that are part of the same holding as the Seller and to Seller’s cooperation partners who are engaged in delivery of goods, without a separate approval of the Client.

12.4.   The Seller shall have the right to use cookies.

12.5.   The Seller shall have the right to receive information on the IP address of the visitors of the Internet shop. This information shall not be used for establishing the identity of visitors.

  1. 13.  Settling of Disputes

13.1.        Disagreements and disputes that have arisen between the Parties shall be settled by way of negotiations. In case the Parties are not able to reach agreement by way of negotiations, the Party shall send a written claim to the other Party. In the claim the Party shall give the summary of the situation and add documents justifying the claim.

13.2.        The Parties shall settle the disagreements and disputes confidentially. The aforementioned shall not limit the rights of the Parties to apply to court or competent State institutions.

13.3.        If the Parties do not reach agreement according to the procedure laid down in Article 13.1 of the Provisions, disputes that are related to the fulfilment of obligations set down in the Provisions and their validity shall be settled by the Parties at the competent court of the Republic of Latvia. Disputes of Parties shall be settled in accordance with the legal acts effective in the Republic of Latvia.

13.4.        Should the court find any of articles of the Provisions to be invalid, the remaining articles of the Contract remain effective.

  1. 14.  Miscellaneous

14.1.   These Provisions and other information related to purchasing of Goods are available on the Internet shop’s website www.emoda.lv, as well as by calling the telephone numbers indicated on the Internet shop’s website, during the working hours of the Seller.

14.2.   All the aforementioned information can be received and the Seller can be communicated in Latvian and Russian.

14.3.   The Provisions can be saved as a .pdf file or sent to the Client’s e-mail address or received in writing upon giving a prior notice to the Seller.