Introduction
Bencha Muude SIA, registration number 42403044941, registered address "Parku mājas", Kārsavas municipality, Mežvidi parish, Otrie Mežvidi, LV-5737, actual address "Kantora ēka", Otrie Mežvidi, Mežvidi parish, Kārsavas municipality, LV-5737, is the operator of the online store (www.benchamuude.lv, hereinafter the Online Store).
The User has read these Terms of Use and agrees to them.
1. Online Store
1.1. The Online Store was established and is operated by Bencha Muude SIA. Bencha Muude SIA sells goods to the user of the Online Store, hereinafter the Customer.
1.2. Customer service and support for the Online Store: customer support telephone number 29276621, on business days from 9:00 to 17:00, and email address [email protected].
Customer support is closed on public holidays and weekends.
2. General terms. Distance contract
2.1. These Terms of Use regulate the legal relationship between the Customer and Bencha Muude SIA. The terms are considered a distance contract between the Customer and Bencha Muude SIA concerning the purchase of goods from the Online Store.
2.2. When the Customer purchases goods from the Online Store www.benchamuude.lv, the Customer is considered to have read and agreed to these Terms of Use.
2.3. Bencha Muude reserves the right to change and supplement these Terms of Use unilaterally at any time. The Customer will be informed about changes in the Online Store www.benchamuude.lv or by email.
3. Goods and price
3.1. Images are for information purposes. The goods shown in the Online Store may differ in reality from the goods shown in the images in terms of colour, size, shape or other parameters.
3.2. All prices of goods are stated in euros.
3.3. The delivery fee, if applicable, is stated separately before payment of the order.
3.4. Bencha Muude reserves the right to change the range of goods and prices unilaterally without prior notice, and to apply discounts. Goods are sold at the prices valid when the order is placed, except where an incorrect price is shown due to a technical error or system failure.
3.5. In an emergency, if after the order has been placed, in accordance with section 4.9 of these Terms of Use, Bencha Muude SIA cannot ensure delivery of the goods purchased from www.benchamuude.lv due to unforeseen circumstances, Bencha Muude undertakes to offer a similar product. If the replacement product costs less than the ordered product, Bencha Muude will refund the difference to the Customer's bank account within 14 business days. If the replacement product costs more, the Customer must pay the difference.
3.6. Prices and discounts for goods may differ from the retail range of goods, prices and discounts.
3.7. Bencha Muude has the right to refuse to sell goods ordered from the Online Store by informing the Customer if the goods are no longer available, as well as if the contract is entered into by a person who does not have the relevant rights under applicable regulations.
3.8. Products displayed in the Online Store are generally available. Availability is not guaranteed because it may be incorrect due to possible technical problems.
4. Placing an order
4.1. To make a purchase in the Online Store, the Customer must place an order for the goods.
4.2. The Customer may place orders in the Online Store either by registering or as an unregistered user. If the Customer creates a user account in the Online Store, hereinafter the Bencha Muude account, the Customer may access the Online Store by signing in. To register an account, the Customer must complete the relevant registration form and agree to the Terms of Use.
4.3. To submit an order, the relevant goods must be added to the cart and the "Confirm order" button must be pressed.
4.4. The Customer must also choose a delivery method and, if necessary, enter a delivery address, name, email address and telephone number.
4.5. Bencha Muude is not responsible for any losses or other consequences arising from incorrect data entered by the Customer in the order.
4.6. Payment for the purchase is possible using the payment methods shown in the Online Store. Before making payment, the Customer checks that the products, quantities and prices shown in the order correspond to the Customer's wishes.
4.7. Bencha Muude SIA sends the Customer an automatic email confirming the order. If the Customer notices any errors in the order confirmation, such as unwanted goods or incorrect quantities, the Customer must immediately contact Bencha Muude customer support by telephone at 29276621 or by email at [email protected].
4.8. After payment has been made, the order is considered submitted and the goods are prepared.
4.9. If, after the order has been placed, Bencha Muude cannot deliver the ordered product or the requested quantity, Bencha Muude may, at its discretion or in consultation with the Customer, replace the product with an equivalent product.
4.10. If the product cannot be replaced, or if the Customer is not satisfied with the replacement after receiving the product, the Customer may cancel the order and the money will be refunded to the Customer's bank account within 14 business days. 4.11. Bencha Muude may refuse to fulfil an order by informing the Customer and stating the reason for cancellation. If Bencha Muude does not fulfil the order, the money will be refunded within 14 business days.
5. Refunds
5.1. Amounts refunded under sections 3.5 and 4.10 are transferred to the bank account specified by the Customer. All amounts refunded by Bencha Muude SIA are transferred to the Customer's bank account.
5.2. Transport costs are not refunded.
6. Payment options and returns
6.1. Orders in the Online Store may be paid for with Visa, Visa Electron, MasterCard or American Express bank cards; by receiving an invoice by email and making a bank transfer; or by paying when receiving the goods in the store. Service fees may be added to the order costs under the agreement between the Customer and the bank or card issuer. If you wish to make changes to your order, please contact us immediately at [email protected] or +371 29276621. We may not be able to amend your order, and we apologise in advance for any inconvenience, but we will do our best to help. We do not share credit card or other payment information with third parties, except for processing payment for ordered goods as provided by law.
6.1.1. Invoice - the Customer may pay for the order by bank transfer using an invoice sent to the Customer's email address.
6.1.2. Payment through bank links - the Customer may pay using the available bank links. After confirming the order, the Customer is redirected to the payment page to complete the order.
6.2. Payments are processed by the payment platform makecommerce.lv. Therefore, our company transfers the personal data required for payment processing to the platform owner, Maksekeskus AS.
6.3. All refunds made by Bencha Muude SIA are transferred through a bank account.
6.4. The Customer's order and invoice are cancelled if payment has not been received within two days after the invoice was issued.
7. Delivery and handover of the order
7.1. Orders are delivered only by the methods stated in the Online Store. If another delivery method is required, it must be agreed separately with Bencha Muude SIA by calling 29276621 or writing to [email protected].
The Customer also acknowledges that in exceptional cases, including force majeure, delivery may be delayed.
7.2. Before submitting an order, the Customer must check that the contact information is correct to avoid delays and misunderstandings when delivering the goods. The Seller is not responsible for delays or misunderstandings in delivery if they are connected with inaccurate or incorrect information provided by the Customer in the order form.
7.3. Before delivery, the courier will contact the Customer using the telephone number provided to Bencha Muude SIA.
7.4. The risk of damage to or loss of the goods passes to the Customer after the order has been received.
7.5. After receiving the goods, the Customer or the Customer's representative checks that the goods correspond to the order and signs the invoice, delivery note or other handover document presented by the courier. If the goods do not correspond to the order, the Customer must immediately contact Bencha Muude SIA by email at [email protected] or by telephone at 29276621.
7.6. The delivery time depends on the time required to make the product and its availability. The maximum delivery time for products in stock is 1-14 days. The Seller will deliver the goods within the period stated in the product information. These periods do not apply if the product is unavailable and the Customer has been informed that the ordered goods are not available.
7.7. From the moment the order is handed over to the courier, the courier company is responsible for delivery. At the time of delivery, the Customer must inspect the condition of the shipment with the Seller or an authorised representative. If the Customer signs the delivery documents, the package is considered to have been in good condition.
7.8. The Customer may choose between different delivery methods. Delivery depends on the method chosen by the Customer.
Please note that delivery during sales periods may take longer than usual.
8. Right of withdrawal and returns
8.1. If the Customer is a consumer within the meaning of the Consumer Rights Protection Law, a natural person who purchases goods for a purpose unrelated to economic or professional activity, the Customer may, in accordance with the applicable procedure and without giving a reason, exercise the right of withdrawal and withdraw from the purchase contract within 14 calendar days of receiving the goods. The Customer must send Bencha Muude SIA an application exercising the right of withdrawal by email to [email protected], stating the invoice number and the name of the product from which the Customer wishes to withdraw.
It is not possible to withdraw from a product specially designed and made for the Customer according to the Customer's wishes and requirements.
8.2. After sending the application exercising the right of withdrawal, the Customer must deliver the product to the address of Bencha Muude SIA within 14 days. The direct costs of returning the product are paid by the Customer. Bencha Muude SIA is not responsible if the product is broken, torn or damaged through the Customer's fault. If the Customer exercises the right of withdrawal and the unused, undamaged product is delivered to the address of Bencha Muude SIA, Bencha Muude SIA undertakes to refund the money within 14 days.
8.3. A returned product must be in the same condition as when it was received. It must not have been used or damaged and must be in its original packaging with its labels attached.
8.4. If the returned product is damaged due to incorrect use while unpacking and inspecting it, the Customer must compensate the resulting losses. If the returned product is damaged or used, the Seller has the right to refuse to accept it.
8.5. If the Customer has withdrawn from the contract and returned the product, Bencha Muude SIA will refund the cost of the goods within 14 days of receiving the product.
8.6. The Customer may deliver the returned goods to the registered address of Bencha Muude SIA. After receiving the goods, the Online Store will send the Customer confirmation that the product has been received.
8.7. An unused product may be exchanged only for another size or colour of the same product.
8.8. In the event of withdrawal, the Seller refunds the amount received under the contract, including delivery costs. If an order is partially returned and delivery costs were added to the order, the Seller may refund the delivery costs in proportion to the number of returned products.
9. Claims concerning non-conforming goods
9.1. The Customer has the right to submit a claim to Bencha Muude SIA concerning the goods' non-compliance with the terms of the contract.
9.2. Bencha Muude SIA is not responsible for non-compliance resulting from the Customer's actions or omissions, including incorrect use or storage of the goods.
9.3. The Customer submits a claim to Bencha Muude SIA within 14 days of receiving the goods by sending information to [email protected]. If it becomes clear that the product is damaged, stop using it immediately.
9.4. A complaint may be submitted by email to [email protected] or in person at the Bencha Muude office. The claim must include the Customer's name and contact information, the date of the complaint, the defect discovered in the product and the requested remedy, as well as proof of purchase, such as a receipt or invoice.
9.5. If the Customer does not agree with the solution offered by Bencha Muude SIA, a Customer who is a consumer within the meaning of the Consumer Rights Protection Law may exercise and protect the consumer's legal rights in accordance with the Consumer Rights Protection Law and related regulations.
9.6. The product has a two-year warranty in accordance with the Consumer Rights Protection Law.
9.7. All complaints will be reviewed as soon as possible, but no later than 14 days after the complaint is received.
9.8. The Seller is not responsible for damage caused by incorrect use or for delivery delays caused by circumstances beyond the Seller's control.
9.9. The Seller does not reimburse the Customer's expenses in the event of non-conforming or defective goods and is not responsible for defects caused by incorrect use, including failure to follow care instructions, if the product's value has decreased due to normal wear and tear or if proof of purchase is not provided.
10. Privacy policy
10.1. The relationship between the Customer and Bencha Muude SIA is governed by these Terms of Use and the laws of the Republic of Latvia. If losses arise, the party at fault compensates the other party for direct losses.
10.2. The Customer is fully responsible for the accuracy of the data provided in the registration form. If the Customer provides inaccurate or incorrect data, Bencha Muude SIA is not responsible for the inaccuracy or its consequences and may request compensation for direct losses.
10.3. When registering at www.benchamuude.lv, the Customer receives individual registration data, a username and password. The Customer is responsible for the security of the registration data and agrees to store it securely and not disclose it to third parties.
10.4. If the Customer suspects that a third party may have obtained the registration data, the Customer must immediately inform Bencha Muude SIA and change the password.
11. Processing of Customer data
11.1. The Customer gives the Seller clear and informed consent to process the Customer's personal data.
11.2. Data exchange between the Customer, banks and the card payment centre is encrypted, ensuring the security of the Customer's personal and bank data. Payment is made outside the Online Store environment, in a secure payment environment at the relevant bank or service provider. The Online Store does not have access to the Customer's bank or credit card information.
11.3. Personal data provided by the Customer is processed in accordance with the requirements of the applicable personal data protection laws of the Republic of Latvia and other Latvian regulations governing the processing and protection of personal data.
11.4. The personal data processed includes data requested by Bencha Muude SIA when the Customer registers an account or places an order: name, surname, address, telephone number, email address, bank account number, cart contents and purchase history.
11.5. Bencha Muude SIA processes the Customer's personal information to fulfil orders, including sending order-related messages, process payments, deliver goods and prepare personal offers.
11.6. The controller responsible for processing Customer data is Bencha Muude SIA, registration number 42403044941, address Kārsavas municipality, Mežvidi parish, Otrie Mežvidi, LV-5737.
11.7. Bencha Muude SIA undertakes not to disclose the Customer's personal data to third parties, except in the following cases:
11.7.1. To a courier service provider to the extent necessary to deliver the goods or provide the service.
11.7.2. To partners who deliver the goods or provide other services connected with fulfilling the order, including name, address and telephone number.
11.8. In the cases described in sections 11.5.1 and 11.5.2, the Customer's personal data is processed only to fulfil the order, and authorised partners provide the same level of personal data protection as Bencha Muude SIA.
11.9. The Customer has the right to review personal data at any time and request its correction or deletion unless otherwise provided by law.
11.10. If the Customer has expressed interest in receiving Bencha Muude news or personal offers, the Customer may cancel them at any time by sending a notice to Bencha Muude SIA at [email protected].
11.11. The Seller is responsible for processing personal data. The Seller sends the personal information required to process payments to the authorised data processor Paysera.
11.12. We retain your data indefinitely or until the Customer requests deletion of the collected data.
11.13. Payments are processed by the payment platform makecommerce.lv. Therefore, our company transfers the personal data required for payment processing to the platform owner, Maksekeskus AS.