1.GENERAL AGREEMENT
Self-employed person Sarmīte Bergmane (Latvia), registration no. 28057311905, address: Skolas iela 11-3, Ozolnieki, Ozolnieki district LV-3018, Latvia. hereinafter referred to as FLORIMEL, provides the content available on the website www.florimel.eu, hereinafter referred to as the Website, and provides services in accordance with the terms and conditions set out below, the terms of delivery, the terms of return of goods, other terms and conditions and the operational policy, the outline of which can be found on the Website , in connection with certain features, elements or advertising, and provide customer service, all of which are incorporated into and made a part of these terms and conditions (collectively, the Terms and Conditions). By accessing or using the Website, you confirm that you have read these Terms and Conditions, understand them and agree to be bound by them without limitation or condition.
If the consumer, using the Internet, purchases natural cosmetic, personal hygiene and body health improvement products offered for sale on the FLORIMEL website, hereinafter referred to as “Products”, then such mutual agreement is considered a Distance Agreement and is subject to the legal norms governing Distance Agreements, including , but not only, the Directive 97/7/EEC of the European Parliament and the Council on consumer protection in connection with distance contracts, the Law of the Republic of Latvia “Law on the Protection of Consumer Rights”, the Regulations of the Cabinet of Ministers of the Republic of Latvia “Regulations on Distance Contracts”.
2.PRIVACY
FLORIMEL protects the fundamental rights and freedoms of natural persons, in particular the inviolability of private life, in relation to the processing of natural person’s data in accordance with the Directive 95/46/EC of the European Parliament and the Council on the protection of persons with regard to the processing of personal data and the free circulation of such data and the Law of the Republic of Latvia “On the Data of Natural Persons protection law”. FLORIMEL obtains the consumer’s personal information because it is necessary to provide the consumer with the best level of service and quality delivery of Goods. This allows us to provide the consumer with a suitable approach to FLORIMEL Products and to pay attention to the product categories that are of most interest to the consumer. Your personal information helps us inform existing and newly attracted customers about news in the range of products offered, sales and events in which the customer might be interested. On the website, you can order a product, make requests and sign up to receive information about news, sales, etc. In order to process the above-mentioned request, FLORIMEL asks the consumer to provide such information as – name, address, e-mail address, contact phone number, etc. In any of the possible situations, FLORIMEL does not request or carry out the processing of sensitive personal data. FLORIMEL undertakes not to use or share the obtained information, which the customer submits online. FLORIMEL does not sell or rent consumer contact information to other market participants.
The information provided by the consumer helps us to implement our service, process consumer requests, deliver the Product and provide support related to the circulation of the Product. FLORIMEL is only obliged to disclose personal data to state and local government officials in cases specified by law. FLORIMEL has taken and is constantly improving all possible measures for the security of the customer’s personal information on the website in order to protect it against theft, loss, misuse, as well as against unauthorized access, disclosure, modification and damage. If the customer who ordered and purchased the product on the Website does not have legal capacity and multiples, the legal representative of this person (e.g. parents, guardians) is responsible for ordering and paying for the product. In the above-mentioned case, the order cannot be withdrawn, and the purchase fee is not refundable, but there is an opportunity to agree on the return of the Product in undamaged/unopened primary packaging and the return of the invested amount within the next 7 days after receiving the order. The date and the customer’s signature on the receipt of the goods on the goods delivery document are considered as the delivery of the goods. The consumer agrees to the processing of personal data.
3.PURPOSE OF THE HOME PAGE
This website is created and maintained by FLORIMEL and its product distribution partners. The website is designed to effectively serve as a platform for communication between FLORIMEL and the customer, as a platform for online sales of branded products and also as a source of information on all issues related to the product.
4.PRODUCTS AND SERVICES FOR PERSONAL USE
The products and services available on this Website are intended for personal use only. FLORIMEL reserves the unilateral right, with or without notice, to withdraw or reduce the volume of any fulfilled order or customer’s order in cases where, in our sole discretion, this may result in a violation of the Terms and Conditions. In such cases, within 48 hours of receiving the order, communication with the customer takes place and the possible error is eliminated or clarified.
5.ACCURACY OF INFORMATION
When providing a description of the products available on the Website, we try to be as accurate as possible and disclose the composition of the products as far as it can affect the nature of the product’s effect and without revealing the misuse of the original recipe by dishonest Consumers. If there have been changes in the information related to the product (description, colors, etc.), FLORIMEL cannot guarantee that the Website is completely updated every moment, including the most up-to-date information. All products are made from ingredients of natural origin and their color can be correlated from light to dark (oxidation processes) within 70% as a result of direct sunlight, excessive storage and changes in delivery temperature.
6.INTELLECTUAL PROPERTY
All information and content available on this Website, including, but not limited to, trademarks, logos, service marks, text, graphics, button icons, images, sound recordings, data compilations and software, their compilation and arrangement (collectively, the Content) , is the property of FLORIMEL and is protected by the laws of the Republic of Latvia and other international laws relating to the protection of intellectual property, including laws governing the use of copyright and trademarks. Use of our trademarks in any way, regardless of purpose, is not permitted without express written permission.
7.GOODS
Products sold by FLORIMEL are cosmetics of natural origin, personal hygiene and general health improvement products. FLORIMEL has taken all the necessary steps so that the presentation of the products it sells, hereinafter referred to as “Products”, and in particular their type, smell, color, appearance, packaging, marking, volume or size, are not confusing and thus ensure, as far as possible, possible risks to the health and safety of the consumer in accordance with the information attached to the Product to the instructions for use provided by the FLORIMEL brand manufacturer.
FLORIMEL does not allow misleading statements regarding the product effectiveness and other properties of the product towards the consumer, and also, when producing its products, observes laboratory practices and the method of comparing primary product standards. FLORIMEL The product consists of natural ingredients included in the products and is safe for human life, health, and the environment, which complies with the norms of the Law of the Republic of Latvia “Goods and Services Safety Law”, as well as international regulatory acts, e.g. European Council Directive 2001/95/EC on general product safety, European Council Directive 87/357/EEC on the approximation of the laws of the member states regarding products that, due to their deceptive appearance, threaten the health and safety of consumers.
8.PRICING POLICY
On the website www.florimel.eu, all prices are given in Euro (EUR) currency. We try to ensure that the prices are always indicated accurately, however, we cannot guarantee that the prices indicated at the time of placing the order will be correct, then valid product prices. Upon receiving an order in which the price indicated will differ from the price indicated on the web page at that time, we will contact the person who made the order and offer the opportunity to cancel the order. If we are unable to contact you promptly, your order will automatically be considered canceled and you will receive a refund of all payments made under that order. All prices are subject to all sales taxes, if applicable. Depending on the delivery address, an additional shipping fee may be applied to the order, which will be clearly indicated before the payment is confirmed and included in the total order price, and the customer guarantees that he agrees to it at the time of placing the order.
9.ORDER OF DELIVERY
All FLORIMEL agreed deliveries are made safely and as quickly as possible. For information on order fulfillment and delivery procedures, as well as free delivery terms and additional delivery costs, you are invited to familiarize yourself with the Delivery Terms of our products.
10.RETURN TERMS
Each issue related to the return of orders made and delivered to the customer is dealt with separately according to a simplified procedure. For information about the customer’s options regarding the return of products and for receiving information about the termination of the contract and the relevant conditions, you are invited to familiarize yourself with our Terms of Return of Products.
11.USER RESPONSIBILITIES
When accessing or using the Website, you must comply with the Terms and Conditions set forth herein and any special warnings or instructions posted on the Website regarding access or use. You must always act in good faith and in accordance with law and custom. You may not make any changes or corrections to the Website, the Content or services found on it, and you may not in any way harm the operation or functional unity of the Website. Without limiting the general nature of other points mentioned in these Terms and Conditions, if the obligations provided for in these Terms and Conditions are violated knowingly or due to negligence, you will be responsible for all losses and damages that such breach may cause to FLORIMEL.
12.LIMITATION OF LIABILITY
You agree that, subject to all applicable laws, FLORIMEL shall have no liability (whether in contract, negligence or otherwise) for any interruption or error arising from your use of this Website. You agree that, subject to all applicable laws, FLORIMEL shall have no liability (under contract, tort (including negligence) or otherwise) for:
a) interruption in commercial activity;
b) delays or interruptions in connection with access to the Website;
c) non-delivery, incorrect delivery, distortion, destruction or other changes of data;
d) any kind of damage or loss caused in connection with the presence of links to other websites on the Website or their use;
e) computer viruses, system crash or failure that may occur in connection with the use of the Website, including the use of hyperlinks leading to or from third-party websites;
f) any inaccuracies or omissions in the Content, or
(g) events beyond our reasonable control.
FLORIMEL is not responsible for any indirect, special, incidental or consequential damages (including lost profits) related to the Website or its use (or inability to use the Website) by the Customer of the Goods, regardless of the type of actions, by contract, tort (including negligence) or for other reasons even if there has been previously written or verbally confirmable information about the possibility of such losses.
14.COPYRIGHT CLAIMS
All content of this Website, correspondence (by electronic mail or regular mail), as well as marketing materials that have been used to promote the Website in direct and third-party resources, are the property of FLORIMEL. Reproduction or republishing of its content in whole or in part is prohibited, except for the following purposes: Permission to copy for personal use: You have the right to make copies of the content of the Website or print parts of it for reasonable personal use. Permission to copy or republish for limited use: You have the right to make copies of the material in print or digital format for use by third parties, provided that you indicate the FLORIMEL Website as the source of the content and materials by adding a top-level hyperlink to the copies republished in this way ( http://www. florimel.eu). You must also inform third parties with whom you share such copies that, in the event of any reproduction of such copies, they must credit FLORIMEL’s website as the source of all materials by inserting a top-level hyperlink
( http://www.florimel.eu).
15.COMPENSATION
You agree to indemnify us, defend and protect us from harm, loss, damages or costs, as well as reimburse expenses for legal services incurred in connection with a claim, suit or claim brought by a third party in connection with a violation of these Terms and Conditions, errors in your statements or warranties, or your use of this Website.
16.DISPUTE RESOLUTION PROCEDURE
If a dispute arises in connection with this Website, all rights and obligations provided for in these Terms and Conditions, as well as all activities within them, are governed by the laws of the Republic of Latvia, as if these Terms and Conditions were a fully concluded and fully enforceable contract in Latvia. The contracting parties hereby certify that, that all disputes, which in any way relate to your visit to the Website or arise in connection with the execution, explanation or termination of this Distance Agreement, they will try to resolve through mutual negotiations. If the parties are unable to resolve the dispute through peaceful negotiations, they will refer all disputes , disputes or claims for consideration in any of the courts of the Republic of Latvia, except if you have in any way violated or are about to violate our intellectual property rights, in which case we may apply to any court for an injunction or other appropriate legal remedy, and you agree to submit to the exclusive jurisdiction of such court and for consideration of the case in this court.
If a dispute arises between FLORIMEL and the consumer as to whether the provisions contained in the concluded contract are unfair, any of the contracting parties has the right to apply to the court specified in this clause, but the consumer also has the right to apply to the Consumer Rights Protection Center, address: Riga, Brīvības iela 55, LV – 1010 If a dispute arises between FLORIMEL and the consumer regarding data protection issues, any of the contracting parties has the right to apply to the court specified in this paragraph, but the consumer is also entitled to apply to the State Data Inspectorate, address: Blaumaņa iela 11/13-11, Rīga, Latvia, LV – 1011.
17.CONSENT TO RECEIVE NOTICES BY EMAIL
By accepting these Terms and Conditions, you agree to receive notices, agreements, order clarifications and other messages from us (collectively “Notices”) by e-mail or regular mail. You agree that notices sent by email or regular mail are subject to the terms and conditions applicable to such forms of written communication. If you do not agree to receive communications from this Website, please stop using this website
website and its services, as FLORIMEL is unable to provide a full range of services to users who do not receive notifications from the Website. Please note that the notifications mentioned in this paragraph do not apply to optional marketing information that you may choose to receive from the Website at your discretion, except in cases where FLORIMEL the customer is informed about a general promotion in the e-store, which applied to all products offered by the e-store.
18.GENERAL RULES
You agree that these Terms and Conditions constitute the entire current agreement between you and FLORIMEL regarding your use of this Website and its content. FLORIMEL has the right to correct and clarify these terms at any time by publishing the relevant changes on the Website and indicating the date of the last change. Any changes made to these Terms and Conditions will be effective immediately upon posting. You agree that by continuing to use the Website after such changes have been made, you thereby signify your acceptance of all changes. FLORIMEL reserves the right to cancel or withdraw any rights granted by these Terms and Conditions. You must comply with such withdrawal or change from the time it is made, including, if necessary, ceasing to use the Website in any way.
Nothing in these Terms shall be construed to create a partnership or other joint venture between you and FLORIMEL. The failure of FLORIMEL to enforce your compliance with these Terms and Conditions does not affect our full rights to demand compliance before or after. If any of the clauses of these Terms and Conditions are unenforceable or invalid within the scope of applicable law, or are declared unenforceable or invalid by arbitration or court decision, this does not affect the validity or applicability of these Terms and Conditions as a whole, but instead these Terms and Conditions shall, to the extent possible, amendments in accordance with applicable laws so that they fully reflect the original intention of the parties in accordance with the original Terms and Conditions.
19.UNCONVINCABLE POWER
The supplier of the goods and FLORIMEL’s self-employed person Sarmīte Bergmanes are not responsible for any delay in performance or non-fulfillment of obligations, or any other form of non-performance arising from circumstances and obstacles beyond our reasonable control, including but not limited to strikes, government orders, hostilities or a state of national emergency, threats of terrorism or acts of terrorism, environmental or climate anomalies, non-compliance by third parties, disruptions in the Internet connection, as well as failure of computer equipment and software. In case of such force majeure circumstances, we will try to eliminate the resulting delays as soon as possible.
