1.1. Salesperson – CrossChem, company established and operating in accordance with the legislation in force in the Republic of Latvia, registration No. 40003888244, registered office: Naftaluka, Olaine parish, Olaine municipality, LV-2127, Latvia, VAT payer No. LV40003888244.
1.2. Buyer: a natural and/or legal person who is capable of acting and/or entitled to purchase goods in an e-shop.
1.3. E-shop – CrossMarket internet shop available on www.cc-market.com
1.4. Purchase-sale agreement – Buy-to-sell agreement between Buyer and Salesperson on the purchase-sale of goods available in the Internet shop.
1.6. Rules — These rules for distance selling, which define the responsibilities and rights of the Salesperson and the Buyer, the conditions for the purchase and payment of goods and/or services offered by the Salesperson, the procedures for the delivery and return of goods and/or services and the liability of the Contracting Parties, and regulate other matters related to the purchase and sale of goods and/or services in the Internet shop.
2. General provisions
2.1. These rules on the purchase and sale of goods provide for the general rules of the seller’s e-shop.
2.2. These Regulations are a legal instrument and prescribe the mutual rights, duties and responsibilities of the purchaser and the Salesperson and other provisions relating to the purchase and sale of goods offered by the seller when purchasing goods in the e-shop.
2.3. These rules apply when entering into an agreement between CrossChem Ltd., Reg. Nr. 40003888244, address: Olaine municipality, LV-2127, Latvia, VAT payer No. LV40003888244 (“Salesperson”) and Buyer for the purchase of goods in the CrossChem e-shop cc-market.com
2.4. A shopper can purchase goods in an e-shop only by agreeing to these Rules. In certifying that the Regulations havebeen read, the Buyer undertakes to comply with them and to act accordingly. When performing an order, the purchaser agrees to comply with the Rules and declares that they are understood. If the terms have not been read and/or understood, or the Buyer does not agree with them, it is not possible to purchase the goods.
2.5. The seller has the right to amend the Rules. The amendments to the rules take effect when they are published on the e-shop. If, following the publication of the amendmentsto the Regulation, the Buyer uses the e-shop, the consent of the Buyer shall be deemed to have been received for all amendments.
3.1. Pictures of goods in the e-shop have an illustrative purpose. Actual goods may differ.
3.2. Unless otherwise specified, all items offered in the e-shop are available. If the specified item is not available to the Buyer at the time the order is made, the seller will inform the purchaser of availability without delay in the form of e-mail or by other electronic means.
3.3. The salesperson has the right to set the minimum and/or maximum order quantity for a particular item on the same order.
4. Processing of personal data
4.1. The seller shall process the personal data of the Buyer in accordance with the provisions of the Law on the Processing of Personal Persons.
5. Entering into a purchase and sale agreement
5.1. The purchaser, in agreement with these Regulations, confirms that it has the right to purchase Goods in the e-shop.
5.2. The agreement between Buyer and Salesperson should be considered to have been concluded with the time that the Buyer created the Item Basket in the e-Store, entered his or her personal data, the address of the place of residence, selected the method of payment and accepted the terms, pressed the “Place order” button and paid the order. If you do not pay the created Order, theAgreement is considered to be unentered.
5.3. When the Buyer submits the order and pays for it, an e-mail is sent to the Buyer confirming the receipt of the order.
5.4. After processing and preparing the order, the Salesperson shall send an e-mail to the Buyer informing him that the Goods have been sent to the Buyer.
5.5. Each Contract (Order) between Buyer and Salesperson is registered and stored in the e-shop database.
5.6. When concluding the Agreement, the Purchaser agrees that an electronically prepared VAT invoice with the information of the order will be sent to the e-mail address specified at the time of purchase. The invoice shall be sent to e-mail during working days non later than 5 working days from the time when the Buyer receives the Goods or the Salesperson hands over the Goods to the courier (if the Goods are delivered to the Buyer via courier services). It should be noted that the VAT invoice is invoiced to the Goods Transfer Courier or the Receiving/Transfer of Goods (depending on which of the Supply of Goods was selected and which of the Suppliers of the Salesperson supplies the Goods in the particular case) the date of the day.
5.7. If the ordered item is not available in the e-shop for unforeseeable reasons, the Salesperson shall inform the Buyer by e-mail and cancel the order. In the case where payment for the goods has been made, the Salesperson shall reimburse the payment made within 14 (fourteen) calendar days.
6. Return of goods and unilateral withdrawal from the Treaty by the consumer of a right of withdrawal
6.1. The buyer has the right to cancel the order performed and to return the goods within a period of no later than 14 (fourteen) days, informing the Salesperson in writing, in accordance with the procedure described in Cabinet Regulation No. 255, Regulations regarding Distance Contract, adopted on 20 May 2014;
6.2. The buyer may not exercise the right of withdrawal in the cases specified in Paragraph 22 of Cabinet Regulation No. 255,Regulations regarding distance contracts, including the following cases:
- The product is manufactured according to the directions of the purchaser or the Item is clearly personalized (tailored to the
personal needs of the purchaser);
- Perishable or soon expired;
- The buyer has opened the packaging of an item which, because of its specific nature, cannot be returned;
- The goods have irreversibly mixed with other goods following delivery;
6.3. The right of the buyer to unilaterally withdraw from theAgreement within 14 days, to return the Goods to the Salesperson and to receive a refund using the right of withdrawal shall apply only to consumers (natural persons) and in accordance with Cabinet Regulation No. 255,Regulations on Distance Contract, adopted on 20 May 2014.
6.4. A buyer who wishes to return the Goods and to withdraw from the Agreement shall prepare an application for the exercise of the right of withdrawal in accordance with the provisions of Cabinet Regulation No. 255, Regulations regarding Distance Contract, adopted on 20 May 2014. Upon receipt of the referred to Application, the Salesperson shall send an acknowledgement of receipt there of without delay.
6.5. The seller returns the goods to an expert-examination, determining the conformity of the goods and the nature of the original position, and returning all the money paid for the Item to the purchaser. In the case of a return due to its inappropriate quality, the return of the goods shall take place in accordance with the provisions of the Regulation.
6.6. The goods to be returned must be undamaged (undamaged labels, protective films, etc.) and must not have been used. All returning goods must be with authentic labels, protective bags and the same adjoining accessories with which they were sold. The goods to be returned must be in the original packaging (with instructions and a warranty voucher if they were supplied with the Goods) in the same composition as the Buyer had purchased. You must also return gifts received for the Item together.
6.7. If the Purchaser returns the Goods due to their inappropriate quality, the Salesperson undertakes to return the amount of money paid to the Buyer for the non-conforming Item in full and to reimburse the delivery and return costs. Where only part of the Goods is returned, the delivery costs shall be reimbursed only if the other goods of the same order, when purchased separately, would be subject to a lower tariff than the tariff applied when purchasing the goods together with the goods to be returned, and only to an amount equal to the specified tariff difference. If another type of return of the item was selected, which is different from the one offered by the Salesperson, resulting in disproportionate and higher costs, the Salesperson is not obliged to cover such return costs.
6.8. The seller shall return the amount of money paid for the purchase of goods to the bank account number indicated in the Procurement Application for the exercise of the right of withdrawal.
6.9. The buyer has the right to derogate from the Agreement before the transfer of ownership of the Product to the Purchaser, i.e. until the purchaser receives the Item. 6.10. In the case of goods delivered to the Buyer after derogation from the Agreement:
- The buyer is obliged to return the goods to the Salesperson immediately;
- The buyer shall be responsible for covering the costs of the Return of Goods to the Salesperson;
- The buyer is obliged to take due care of the preservation of the goods until they are returned to the Salesperson;
7. Terms of delivery
7.1. The goods are delivered to the address indicated by the Buyer within the time limits specified in the Part “Supply and Receive of goods” of this Regulation. The purchaser shall be informed of the expected date of delivery of the item by e-mail.
7.2. If the Purchaser selects the “Express Delivery” service before the order is made, but the item is not delivered at the specified time, the Buyer is entitled to return the money for the paid “Express Delivery” service.
7.3. The ownership of the Item shall be transferred to the Buyer at the time the courier transfers the Goods to the Buyer. The risk of accidental loss or loss of goods shall be transferred to the Buyer when the Buyer or a third party other than the carrier (courier), as indicated by the Buyer, has received the Goods. If the carrier of goods is selected by the Purchaser itself and the Salesperson did not offer such a delivery option, the risk specified in this Part shall be transferred to the Buyer at the moment the Item is transferred to the carrier.
7.4. At the time of delivery of the consignment, the Buyer or a third party designated by the Purchaser shall be obliged to examine, together with the representative of the transport undertaking, the packaging status of the consignment, taking into account the rules of the organisation (s) providing the Courier Services as specified in the section “Return and Guarantee”.
7.5. In the event of a defect in the packaging of the consignment, the Buyer or a third party designated by the Buyer shall have the right not to accept the consignment. In such case, the representative of the issuing organisation, together with the Buyer or a third party designated by the Buyer, shall complete a special act of non-conformity of the consignment, which shall be submitted by the representative of the issuing organisation for courier services, specifying the damage detected.
7.6. The purchaser or third party designated by the Buyer, when accepting the consignment and signing the courier services on the storage device provided by the representative of the providing organisation or on a paper delivery certificate without any notes, shall assume that the goods are supplied in the undamaged package of the consignment, the additionals ervices specified in the data storage device or the proof of paper supply are adequately provided, if the opposite is not specified.
7.7. When delivering and transferring goods at the address indicated by the purchaser, it is assumed that the goods have been transferred to the purchaser, without taking into account whether the goods are actually accepted by the purchaser or any third party who accepted the goods at the address indicated. If the goods are not delivered on the scheduled day of delivery of the goods, the Buyer shall inform the Salesperson thereof without delay, but not later than the day following the scheduled date of delivery of the goods.
7.8. When accepting goods, a valid identity document must be produced in order to properly identify the Purchaser. If the Purchaser cannot accept the Goods himself, but the Goods were delivered to the address indicated by the Buyer, the Buyer shall not have the right to give the Salesperson claims regarding the supply of the goods to an inappropriate person.
7.9. The purchaser is obliged to inspect the packaging, quantity, quality, assortment, accessories and package of the goods within 14 (fourteen) days of the delivery of the goods. Ifthe Buyer fails to comply with this obligation within the specified time limit and does not submit a claim to the Salesperson, it shall be assumed that the packaging of the goods is in an appropriate condition, but the quantity, quality, assortment, accessories and assembly comply with the provisions of the Treaty.
8. Price of goods and delivery costs
8.1. The prices of goods shall be indicated including VAT (where it is applied in accordance with the procedures specified in the legislation) to the extent that is applied at the time of taking the order in the Republic of Latvia. In the event of a change in the VAT rate between the date of the order and the date of delivery, the price may change taking into account changes in the amount of VAT, except where the Purchaser settled in full for the Goods before the VAT rate amendments came into effect. The seller shall inform the Buyer in writing ofsuch price changes and shall provide the Buyer with the optionto purchase the Item at a price adjusted to take into accountthe amended VAT rate or to withdraw the order. The order isnot filled until you receive a Buyer response. In the event of afailure to communicate with the Buyer, it is assumed that theorder has been withdrawn and the Buyer is informed in writing.
8.2. Item prices do not include ordering and delivery expenses.The pricing of delivery costs specified in an Internet store maychange. Current delivery rates are provided in the “Supply andReceive of goods” section.
8.3. In the event that the Salesperson finds that the price ofgoods in the e-shop has been misrepresented, the Salespersonshall inform the Buyer in writing by email and/or by telephoneand cancel the order. If the Buyer wants to purchase this typeof item, the order must be reordered.
9.1. The Purchaser order may be settled by a bank transfer tothe Salesperson account specified in the VAT prepaymentinvoice;
9.2. It is recommended that legal persons indicate thebusiness registration number in the order information forfaster payment identification. In this way, the order will beapproved more quickly in the system and will be executedmore quickly.
9.3. When performing an order, the Purchaser is obliged tomake a bank transfer to the Buyer Bank no later than 24(twenty-four) hours from placing the order and collecting theinvoice in the Buyer’s e-mail. Without a bank transfer within thespecified deadline, the Salesperson has the right to considerthat the Buyer has refused the order and to cancel the order.
9.4. The items selected by the buyer are reserved in the e-shopand the Salesperson starts to complete the order when theSalesperson receives a notification from the Buyer Bankregarding the payment made for the items selected
10. Obligations of the buyer
10.1. The buyer undertakes to pay the ordered Goods and theirdelivery and to make other payments (if any) and to accept theordered Goods.
10.2. The purchaser undertakes to inspect and inspect theGoods at their acceptance and to inform the Salesperson oftheir non-compliance, damage, obvious differences from whatthe Buyer has ordered in accordance with the proceduredescribed in this Regulation.
10.3. The buyer undertakes to provide the necessaryconditions for the supply of goods or other services offered bythe Salesperson and to pay them.
10.4. The buyer undertakes to cover the costs of the return ofthe goods if they are intended to be borne by the Buyer.
10.5. The purchaser commits not to use the e-shop in such away that its proper functioning and security is compromised orthat other users’ access to the e-shop is limited.
10.6. The purchaser undertakes to comply with therequirements specified in other regulations and in theapplicable legislation of the Republic of Latvia.
11. Rights and obligations of the seller
11.1. The seller has the right to restrict or deny Buyer accessto the e-shop without prior notice, as well as to cancel anyBuyer’s activities in the e-shop if the Buyer attempted to harmthe sound functioning of the e-shop and/or failed to fulfil his orher duties; the seller is not responsible for the loss caused bythe Buyer.
11.2. The seller has the right to restrict or prohibit wholesaleshopping in an e-shop or in certain parts of it, to change itscontent in part or in full, to restrict purchases in an e-shop, tochange the address of the e-shop website without prior noticeto the Buyer, the Salesperson shall not assume responsibilityfor any damage to the Buyer resulting from such activities.
11.3. The seller has the right to change the Terms, Item Prices,Item Purchase Terms and Conditions or other conditionsapplicable to the e-shop by publishing changes to the e-shop.
11.4. The seller undertakes to respect the privacy of the Buyerand to protect the confidentiality of the Buyer’s data, except inthe cases specified in the applicable legislation of the Republicof Latvia.
11.5. If the Salesperson cannot sell the Item ordered to thePurchaser for any reason, the amount paid for the Item/Ordermust be repaid within 5 (five) working days.
12. Product quality
12.1. The seller shall guarantee the quality of the goods(statutory quality guarantee) and their conformity with thecharacteristics specified in the e-shop.
12.2. Defects of goods shall be rectified, as well as non-conforming Goods shall be replaced or returned on the basisof the procedures specified in these Regulations and inconformity with the legislation of the Republic of Latvia.
12.3. A buyer who wishes to submit an application for his orher non-quality or inappropriate goods may do so by sendingan e-mail to an e-mail address – [email protected].
12.4. When submitting the application, the Purchasing VATInvoice (its number) must be attached to the Buyer and thefollowing information must be provided:
- the order number of the item;
- defect of the goods, signs of damage;
- other evidence must be provided.
12.5. When submitting an application for the non-conformity ofthe goods qualifier, the Buyer must indicate the mostacceptable way to deal with the situation (change of goods,return of money, etc.).
12.6. When examining an application regarding the non-conformity of the quality of the goods, the reply shall beprovided within 14 (fourteen) days.
13.1. The customer shall be responsible for all actions takenthrough the e-shop, including, but not limited to, thecompliance of the data provided at the time of the order. Thebuyer shall assume responsibility for the consequences oferrors or inaccuracies in the data provided at the time theorder is carried out.
13.2. When placing an order in an e-shop, the Buyer isresponsible for storing his or her connection data and (or)passing it to third parties.
13.4. The purchaser is obliged to ensure that the data issecurely stored and not disclosed, as well as to ensure that thedata is only known to himself and that the data is used only bythe Buyer itself, as well as not to transfer it to third parties, andin other ways do not make it possible for other persons tofamiliarise themselves with the data or use it. All activitiescarried out using the Buyer Recognition Code shall be deemedto have been performed by the Buyer and the Buyer shallassume full responsibility for the consequences of suchactivities.
13.5. The parties shall be responsible for the violation of acontract entered into by an e-shop in accordance with theprocedures specified in the legislation of the Republic ofLatvia.
13.6. In the event that the Salesperson infringes the provisionsof this Regulation, he or she shall be responsible for thedamage or damage caused to the Buyer, as the expectedconsequences of the infringement of these Regulations. Injuryor loss shall be considered to be expected if they are apparentconsequences of the breach of the Salesperson or if suchdamage or damage was identified by the Salesperson and theBuyer at the time of the conclusion of the Agreement.
13.7. The buyer undertakes not to use the goods to be sold forcommercial, business or resale purposes, and the Salespersonwill not be responsible for any loss of profit, loss of business,impairment or loss of business opportunities lost.
13.8. The seller is not responsible for the information providedon other companies’ websites, even if Buyers reach these sitesusing the Salesperson’s Internet Store.
14. Events outside Salesperson Controls
14.1. The seller will not be responsible for failing to complywith or delaying the performance of the Treaty or anyobligations under the Treaties, if such failure or delay occurredin connection with events outside the Salesperson’s control asdefined in paragraph 16.2 of these Regulations.
14.2. An event outside Salesperson Controls means anyactivity or event that the Salesperson can reasonably notcontrol. 14.3. In the event of an event outside the Salesperson’s controlaffecting the proper fulfilment of the Salesperson’s obligationsunder the Agreement:
- The seller will inform the Buyer immediately;
- The performance of the seller’s obligations arising from theTreaty will be suspended and the deadline will be extended bya period equal to the duration of the event outside theSalesperson’s control;
- if events outside Salesperson Controls affect supply of goods to Buyer, the Salesperson will match a new delivery date after the event outside the Salesperson Control.
15. Other provisions
15.1. Any Agreement concluded between the Salesperson andthe Purchaser shall be governed by this Regulation togetherwith the documents expressly specified in the Regulation. Anyderogation from this Regulation shall be valid only if it hasbeen completed by a written document.
15.2. The buyer, taking into account the legislation of theRepublic of Latvia, has rights related to products of non-conforming quality. Any condition of these provisions shouldnot be interpreted as limiting or restricting the exercise of suchrights.
15.3. The seller has the right to transfer his rights andobligations under the Treaty to a third party or persons, but thetransfer of such rights and obligations will have no effect onthe rights of the purchaser and the obligations of the sellerunder these Regulations. In the event of such a transfer, theseller will inform the Buyer by providing information on thetransfer to the Internet store.
15.4. The buyer shall not have the right to transfer all or part ofthe rights or obligations arising from these Regulations to athird party or persons without the written consent of theSalesperson.
15.5. If any of these Regulations is declared illegal, invalid orunenforceable by the court, the other provisions of theseRegulations shall remain in force and shall be applicable in full.Any condition of this Regulation, which has been found to beillegal, invalid or not to be applicable only partially or to acertain extent, will remain in force to the extent that it was notfound to be illegal, invalid or unenforceable.
15.6. Unless otherwise specified in this Regulation, any delayof the Salesperson associated with the exercise of his or herrights under this Agreement shall not mean the waiver orwaiver of the undertaking of the Purchaser, but the individualor partial fulfilment of any obligation, or the individual or partialexercise of any right, does not mean that the undertaking isnot to be fulfilled or that the right cannot be exercised infuture.
15.7. The applicable legislation of the Republic of Latvia shallapply to these Regulations and relations between the Parties inaccordance with these Regulations (including the issuesrelating to the conclusion, validity, application and terminationof the Agreement).
15.8. Any dispute, discord or claim arising from theseRegulations or related to these Regulations, violation,termination or validity thereof shall be definitively settled inaccordance with the procedures specified in the legislation ofthe Republic of Latvia.