Remote Contract - Shopping Rules

Please read these Terms carefully before placing an order. Only place the order if you fully understand and agree with the Terms below.
This Contract has been concluded between SIA “MSG Center”, the owner of the online store bernumode.lv: and a Buyer who makes a purchase at bernumode.lv online store. The distance contract terms apply to all orders placed in bernumode.lv online store.

1. GENERAL TERMS

1.1. These Terms of Purchase (hereinafter ‘Terms’) constitute a legally binding document between the Buyer (hereinafter ‘Buyer’) and the Seller (hereinafter ‘bernumode’), setting out the rights and obligations for the purchase of goods, related payment, delivery and return procedures, as well as other terms and conditions with regard to purchases made at the online store bernumode.lv (hereinafter ‘bernumode.lv).
1.2. According to these Terms, the Buyer is a person who is a registered Buyer and/or is placing an order at bernumode.lv.
The following persons are allowed to shop at bernumode.lv:

1.2.1. Individual persons having the legal capacity who have reached the legal age and whose legal capacity is not restricted by a court decision;
1.2.2. Minors from 14 (fourteen) to 18 (eighteen) years of age, with the consent of parents or guardians;
1.2.3. Legal entities.

1.3. By registering or placing an order the Buyer expressly confirms that he/she is entitled to shop at bernumode.lv.
1.4. Bernumode reserves the right to amend, edit or supplement these Terms at any time. The Buyer can read about the changes in these Terms on the website. The changes shall take effect immediately upon announcement, as soon as they are available to both parties. Therefore, the Buyer is advised to read the Terms before each purchase.
1.5. Bernumode shall be released from all liability if the Buyer fails to become fully acquainted with the Terms despite having the opportunity to do so.

2. PURCHASE CONTRACT

2.1. A Purchase Contract between the Buyer and the Seller is concluded when the Buyer places an order at the online store.
2.2. Upon concluding the Purchase Contract, the range of goods, prices and other terms and conditions shall be binding on the Buyer and the Seller when placing an order and may change only in accordance with the procedures set out in these Terms.
2.3. Purchase Contracts are registered and stored in bernumode.lv database.

3. RIGHTS OF THE BUYER

3.1. The Buyer has the right to purchase goods at bernumode.lv online store subject to these Terms.
3.2. The Buyer reserves the right to withdraw from the Purchase Contract by notifying the Seller thereof no later than within 14 (fourteen) calendar days from the date of receipt of the goods.
3.3. The Buyer may exercise the rights stipulated in Clause 3.2 only if the goods have not been damaged, their visual appearance has not changed and they are unused.

4.RIGHTS OF THE SELLER

If the Buyer tries to harm the operation of the online store or data security in any way, the Seller may restrict the Buyer’s access to bernumode.lv online store.

5. OBLIGATIONS OF THE SELLER

5.1. The Seller shall make available the online store services, the operating conditions of which are determined by these Terms and other conditions announced in the online store bernumode.lv.
5.2. The Seller shall deliver the goods to the Buyer by using the method of delivery chosen by the Buyer, in accordance with these Terms.
5.3. The Seller shall respect the Buyer’s right to privacy of his/her personal information.
5.4. If, due to unforeseen circumstances, the Seller is unable to deliver the goods purchased at bernumode.lv online store, the Seller has the right to cancel the Purchase Contract by informing the Buyer beforehand. The Seller may offer a similar product. If the Buyer refuses the offer, the Seller shall issue a refund within 5 working days.
5.5. The Seller may keep the money paid by the Buyer until the goods have been returned to the Seller.

6. PRICE OF GOODS

6.1. Prices of goods are as indicated in the online store. The Seller shall make every reasonable effort to ensure that the prices of Goods are correct at the time of Buyer placing the order.
6.2. Prices of the goods are subject to change, but such changes will not affect the already existing contracts.
6.3. Prices of goods include VAT (where applicable) at the rate in force in the Republic of Latvia at the time of purchase. Should the VAT rate change between the order date and the date of delivery, the price may change to reflect the changes in the amount of VAT, unless the Buyer pays for the Goods in full before the VAT rate change comes into effect.
6.4. The price of goods does not include the cost of packaging and delivery. Shipping costs indicated in the online store are subject to change. Current delivery prices are listed in the online store.
6.5. For countries outside the European Union, 0% VAT is applied.

7. PAYMENT TERMS

7.1. Cash, if the customer has chosen a delivery method to one of our stores. The buyer can pay for the order on the spot and receive a receipt.

7.2. Payment by bank transfer according to the specified bank details of SIA "MSG Center". Company details are indicated in the order confirmation, which is sent to the e-mail specified by the Buyer.

7.3. Credit cards - VISA, MasterCard:

7.3.1. The buyer can pay for the order by credit card if he has chosen the delivery method to one of our stores. The buyer can pay for the order on the spot and receive a receipt.

7.3.2. The buyer can pay by credit card directly on the website of the online store bernumode.lv

7.3.3. Payment is made in EUR. The currency conversion rate is determined by the issuing bank.

8. TERMS AND CONDITIONS FOR THE DELIVERY OF GOODS/SERVICES

8.1. When placing an order, the Buyer must indicate the exact delivery address.
8.2. The Buyer is obliged to receive the goods himself. If the Buyer is unable to receive the goods himself, while the goods have been delivered to the address indicated by the Buyer, the Buyer has no right to claim that the goods have been delivered to the wrong person.

8.3. Usually the Goods will be delivered to the address indicated by the Buyer within the time limits specified in the "Goods Delivery” section.

8.4. Prices are subject to change based on the proposals of the current partners.
8.5. The Seller shall not be liable for the violation of delivery terms if the goods have not been delivered to the Buyer at all or have been delivered late due to the fault of third parties, or due to circumstances beyond the control of the Buyer.
8.6. When receiving the goods at an Omniva or DPD parcel terminal, the Customer will be sent a text message when the goods are ready for pickup.
8.7. An acknowledgement of receipt or an e-mail confirmation stating that the package has been received and removed from the parcel terminal will serve as a proof of receipt.
8.8. Should the Buyer notice that the packaging of the delivered goods is damaged (crumpled, wet or otherwise externally damaged), the Buyer shall mark it on the invoice, delivery note or another document of acceptance and delivery of shipment, and draw up a free-form shipment violation report in the presence of the Seller or its representative. If the Buyer fails to take these actions, the Seller shall be released from liability for damage to the goods, if the reason for such damage is not a factory defect or mismatch of the goods, if such can be established by examining at the the goods from the outside.
8.9. If, upon receipt of the shipment, the Buyer notices any mismatch, factory or other defect of the goods, he/she shall notify the Seller immediately. If the complaint about the inadequate quality of goods is confirmed and the Buyer returns the deficient goods, the Seller shall refund the money paid for the goods within 14 (fourteen) days, also covering the return shipping of the goods.
8.10. Buyers receiving shipments at Omniva or DPD self-service terminals shall, upon noticing any inadequacies, immediately inform bernumode.lv thereof.
8.11. The order shall be submitted for further processing only when the purchase price has been credited to the seller’s account.

8.12. The invoice for the goods ordered on bernumode.lv, by choosing delivery by courier mail or through parcel machines, is sent to the Buyer electronically, to the e-mail address specified in the order and is also available in the Buyer's personal account on the website bernumode.lv

8.13. When using Latvijas pasts servives, shipments can be insured. Insurance costs make up 2% of the order value and must be covered by the Buyer.
8.14. EMS does not offer any additional insurance above the automatic insurance of EUR 134, which is included in the delivery price.

9. RETURN AND EXCHANGE OF GOODS

9.1. The buyer can exchange the item for a different model or size:

9.1.1. Any product may be exchanged for another product within a period of 14 days.
9.1.2. If the Buyer would like to exchange a product, the product must be in its original condition and appearance, without any signs of use or dirt (shoes must be placed in the original box and clothes must have all the tags).
9.1.3. The Buyer must enclose a document confirming the purchase, such as a receipt or an invoice.
9.1.4. The Buyer must fill out the questionnaire, available HERE. If it is not possible to print out the questionnaire and send it by e-mail, the Buyer shall describe the reasons for exchanging the product in free form statement and indicate which model he/she would like to exchange it for, the letter should include information with the bank account for receiving a refund.
9.1.5. The Buyer may immediately place a new order at bernumode.lv by indicating in the comments the previous order number. The ordered product will be reserved for the Buyer and sent to the address specified in the order as soon as Bernumode receives the product to be exchanged.
9.1.6. Return shipping costs to bernumode.lv are covered by the customer (in Latvia and other countries)
9.1.7. Delivery of the new product to the Buyer will be paid for by bernumode.lv (valid only for deliveries within Latvia). Cost of delivery to other countries shall be covered by the customer.

9.2. If a manufacturing defect is noticed or a defect is found during operation:

9.2.1. If the Buyer has found a manufacturing defect - the Buyer can inform about by email info@bernumode.lv, attaching photos of the defective product

9.2.2. The buyer must provide a document confirming the purchase - a check or an invoice.

  1. 2.3. The Buyer must fill out the questionnaire, available HERE. If it is not possible to print out the questionnaire and send it by e-mail, the Buyer shall describe the reasons for exchanging the product in free form statement and indicate which model he/she would like to exchange it for, the letter should include information with the bank account for receiving a refund.
  2. 2.4. If there is a need to return the goods upon detection of a defect, then the shipping cost will also be refunded. In this case, bernumode.lv will compensate all costs of the Buyer associated with this purchase and its return.
  3. 3. The completed questionnaire should be sent to the Buyer to  info@bernumode.lv.
  4. 4. Exchange or return of goods in accordance with the Consumer Rights law:
  5. 4.1. Pursuant to Article 27 of the Consumer Rights Protection Law, dated 18 March 1999, the consumer is entitled to file a claim regarding non-compliance of the product with the contract terms within 2 years from the date of purchase.
    9.4.2. The term for submitting a product claim application shall be 2 years, during which bernumode.lv will review the possibility to deal with production defects of footwear or clothing.
    9.4.3. Consumer rights (effective from 1 January 2016) are described here.
    The full version of the Law can be found here.
  6. 5. The returned product can be sent via the Omniva service or by mail:

9.5.1. Omniva: Rīgas T/C Minska pakomāts (Nīcgales iela 2, Rīga). Recipient's phone number - +371 23110350
9.5.2. Return address by mail: SIA MSG Center, Braslas iela 29A-106, Rīga, LV-1084

10. PERSONAL DATA PROCESSING POLICY (PRIVACY POLICY)

10.1. General Provisions

10.1.1. The Buyer's use of the online store bernumode.lv means acceptance of this Privacy Policy and the terms of processing of the Buyer's personal data.

10.1.2. This Privacy Policy sets out the obligations of bernumode.lv on non-disclosure and ensuring the protection of the confidentiality of personal data that the Buyer provides at the request of the Site Administration when subscribing to the newsletter on the bernumode.lv website or when placing an order to purchase the Goods.
10.1.3. Personal data permitted for processing under this Privacy Policy is provided by the Buyer by filling out a form on the bernumode.lv website and includes the following information:

10.1.3.1. Surname, name of the Buyer.

10.1.3.2. Buyer's contact phone number.

10.1.3.3. Email address (e-mail).

10.1.3.4. Delivery address of the Goods.

10.1.3.5. Buyer's place of residence.

10.1.4. When paying by credit card, all card data entry operations are carried out through a service certified by VISA and MasterCard. The card data is entered on the page of this service, and the Buyer enters the final confirmation of payment on the bank page. At the same time bernumode.lv does not have access to the confidential information entered by the Buyer, but only receives confirmation of payment.
10.1.5. When using bernumode.lv, a number of technical data is automatically collected, including IP address, cookies, browser history, etc. The buyer can configure his browser so that it does not save cookies.
10.1.6. The personal data of the Buyer can be transferred to the authorized state authorities of the Republic of Latvia only on the grounds and in the manner prescribed by the legislation of Latvia.
10.1.7. The Buyer agrees that bernumode.lvhas the right to transfer personal data to third parties, in particular, courier services, postal organizations, telecommunication operators, solely for the purpose of fulfilling the Buyer's order.
10.1.8. bernumode.lv has the right to make changes to this Privacy Policy without the consent of the Buyer.
10.1.9. The new Privacy Policy comes into force from the moment it is posted on bernumode.lv.
10.1.10. If the Buyer does not agree with the use of his personal data, he can send a message to bernumode.lv using any of the above methods, which will contain a refusal to use personal data.

10.2Purpose of collecting personal information about the Buyer

10.2.1. Processing, order fulfillment and notification of the status of the Buyer's order.
10.2.2. Establishing feedback with the Buyer.
10.2.3. Confirmation of the accuracy and completeness of the Buyer's personal data.
10.2.4. Providing the Buyer with product updates, special offers, pricing information, newsletters and other information.
10.2.5. Providing the Buyer with effective customer and technical support in case of problems related to the use of the bernumode.lv online store.

11. FINAL PROVISIONS

11.1. These Rules have been created in accordance with the laws of the Republic of Latvia.

11.2. These Rules and the relations of the Parties related to these Rules are applied and interpreted in accordance with the current legislation of the Republic of Latvia.

11.3. All disputes arising in connection with the implementation of these Rules are resolved through negotiations. If no agreement has been reached, the disputes shall be resolved in accordance with the legislation of the Republic of Latvia.

11.4. The Parties are released from obligations under these Rules if their implementation is hampered by unforeseen circumstances beyond the control of the Parties, including:

11.4.1. Fires, explosions, storms and other natural and natural disasters that prevent or delay the fulfillment of obligations;

11.4.2. Accidents or circumstances beyond the control of the Parties (or one of the Parties), which hinder the fulfillment of the obligations assumed or due to which the fulfillment of obligations is delayed;

11.4.3. Actions by the government or authority that impede or delay the fulfillment of obligations.