TERMS AND CONDITIONS

Contents:

1. Definitions

2. General Provisions

3. Entering into the Purchase – Sale Agreement

4. Rights and Duties of the Buyer

5. Rights and Duties of the Seller

6. Prices and Payment for Goods

7. Delivery of Goods

8. Right to Refuse the Agreement. Return of Goods

9. Discount and Promotions

10. Liability of the Parties

11. Provision of Information

12. Final Provisions

13. Contact Details and Requisites

1. DEFINITIONS

1.1. Seller – SIA "MAKERSGROUP", company established and operating in accordance with laws of the Republic of Latvia, registration number 44103138911, registered office address 4 Meza Street Street, Riga, LV-1048, Republic of Latvia (Address for returns: Alandes Street 29, Grobina Grobinas district, LV-3430 Republic of Latvia).

1.2. Buyer – a natural person purchasing goods at the Web Store or using the Web Store who has reached the age of 18, is planning to purchase goods from the Seller for satisfaction of personal, family or household needs or for the purposes related to business or occupation.

1.3. Web Store – electronic Web Store accessible online at https://www.birdly.org/.

1.4. Purchase – Sale Agreement – agreement on the purchase – sale of goods concluded by the Buyer and the Seller in accordance with the Rules of Purchase – Sale of goods of the Web Store.

1.5. Rules – these rules on distant purchase – sale of goods laying down the rights and duties of the Buyer and the Seller, conditions of purchase of goods offered by the Seller and of payment therefor, procedure of delivery and return of goods, liability of the parties and other provisions related to the purchase – sale of goods at the Web Store.

2. GENERAL PROVISIONS

2.1. These Rules shall be a binding legal document establishing mutual rights, obligations and liability of the Buyer and the Seller, as well as other provisions related to the sale - purchase of goods offered by the Seller, when purchasing goods at the Web Store.

2.2. The Buyer may purchase goods at the Web Store only having accepted the Rules. After the Buyer confirms having read the Rules, he/she undertakes to comply therewith and to execute them. By purchasing goods at the Web Store, the Buyer agrees with the application of the Rules and confirms that he/she has understood them. If the Buyer did not read and/or understand the Rules or disagreed with them, he/she cannot purchase goods at the Web Store.

2.3. The Seller shall have the right to amend the Rules. Amendments to the Rules shall take effect after they are published at the Web Store. If the Buyer uses the Web Store in any way after the publication of amendments to the Rules, he/she shall be considered to have agreed with all amendments to the Rules.

2.4. The Buyer agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the goods purchased at the Web Store.

3. ENTERING INTO THE PURCHASE – SALE AGREEMENT

3.1. Registered Buyers only can purchase goods at the Web Store. Before registering, the Buyer shall also read the Web Store’s Privacy Policy. After the Buyer registers with the Web Store, he/she shall be considered to have familiarized himself with the Privacy Policy.

3.2. Buyers shall register by completing the registration form and providing the necessary data therein (hereinafter - Registration Data). Buyers themselves shall be responsible for the correctness, secrecy and/or preservation of the Registration Data.

3.3. In order to purchase goods, the Buyer shall place an order at the Web Store by completing an electronic order form.

3.4. A Purchase – Sale Agreement shall be concluded for each order of the Buyer.

3.5. A Purchase – Sale Agreement shall be considered concluded by the Buyer and the Seller when the Buyer:

3.5.1. submits an order and forms a basket of goods following the instructions on the Web Store, and specifies his/her delivery address;

3.5.2. confirms that he/she has read the Rules, chooses the method of payment and pays for the order;

3.5.3. the Seller confirms the Buyer’s order by displaying and/or sending order information, a confirmation message (by e-mail). The Seller states that order processing system is automated, it works instantly after the payment is received;

3.5.4. after confirmation of the order, the Buyer has no right to cancel the order.

3.6. In cases where the Buyer disagrees with all or some of the Rules, he/she shall not be able to order goods.

3.7. Before concluding Purchase – Sale Agreement, the Seller may also send to the Buyer other intermediate approvals, for example confirmation of the received payment, etc.

3.8. The Purchase – Sale Agreement shall be valid until fulfilment of the obligations under this agreement. The Purchase – Sale Agreement shall be considered fulfilled after the goods are transferred to the Buyer in accordance with the procedure laid down in the Rules and laws of the Republic of Latvia.

3.9. Having confirmed a Buyer’s order, the Buyer undertakes to pay the price of goods and to accept the goods ordered at the Web Store.

3.10. The Seller may not confirm a Buyer’s order, if the Buyer fails to fulfil all the conditions of the order of goods, the Seller does not have the product, which the Buyer wants to buy, the Buyer failed to confirm his/her agreement with the Rules and/or for other reasons.

4. RIGHTS AND DUTIES OF THE BUYER

4.1. The Buyer shall have the right:

4.1.1. to buy the goods at the Web Store in accordance with the Rules, other instructions of the Seller and legal acts of the Republic of Latvia;

4.1.2. to refuse the Purchase – Sale Agreement concluded at the Web Store by notifying the Seller thereof in writing no later than within 14 (fourteen) days in accordance with the procedure laid down in the Regulations of the Cabinet of Ministers of the Republic of Latvia No 255 “Regulations Regarding Distance Contracts”, dated 20 May 2014 and the Rules;

4.1.3. other rights provided for by Rules and/or legal acts of the Republic of Latvia.

4.2. The Buyer undertakes:

4.2.1. to pay the price of ordered goods and their delivery, also to make other payments (if specified when entering into the Purchase-Sale Agreement) and to accept the goods ordered;

4.2.2. to inspect and to check goods when accepting them, also to inform the Seller about the damage of a shipment, obvious defects in accordance with the procedure established by the Rules;

4.2.3. to cover expenses of the return of goods;

4.2.4. to immediately update information, if the Buyer Registration Data or data of delivery of goods have changed; the Seller shall not be liable for any losses incurred by the Buyer in case of such information changes;

4.2.5. not to use the Web Store in such a manner as to endanger proper functioning, security, integrity of the Web Store or restrict the possibility of others to access the Web Store;

4.2.6. to comply with the requirements specified in other Rules and legal acts of the Republic of Latvia.

5. RIGHTS AND DUTIES OF THE SELLER

5.1. The Seller shall have the right:

5.1.1. to restrict or suspend the Buyer’s access to the Web Store without a prior warning, also to cancel the Buyer’s registration, if the Buyer has attempted to damage the operation or stable work of the Web Store, and/or violated his/her duties; the Seller shall not be liable for any losses incurred by the Buyer;

5.1.2. to terminate the operation of the Web Store temporarily or altogether, to modify the Web Store or its separate parts, all and any of its contents, to restrict purchases made at the Web Store, to change the website address of the Web Store, to limit the number of registered Buyers without a prior notice to the Buyer thereof; the Seller shall not be liable for any adverse consequences on the Buyer caused by such actions;

5.1.3. to change the Rules, the prices of goods, purchase terms and conditions or any other Web Store-related instructions, publishing such changes at the Web Store.

5.2. The Seller undertakes:

5.2.1. to respect the Buyer’s privacy and to protect confidentiality of his/her data, except for the cases established by laws of the Republic of Latvia and the Privacy Policy of the Web Store;

5.2.2. if for any reason a Seller is unable to sell the ordered product to the Buyer, it must refund the purchase price of the product/the whole order within 14 (fourteen) business days.

6. PRICES AND PAYMENT FOR GOODS

6.1. The prices of goods shall be indicated in the Web Store and/or the order in the euro inclusive of value added tax.

6.2. Goods shall be sold to the Buyer at the prices valid at the time of placing the order at the Web Store. The specific price of the goods and the amount payable for the goods shall be displayed to the Buyer having formed a basket of goods. If the Buyer disagrees with the specified price, he/she cannot continue ordering goods and placing the order.

6.3. The price of goods shall not include the price of delivery of the goods. Unless specified otherwise, the service of delivery of goods shall be paid by the Buyer separately.

6.4. Goods can be purchased at the Web Store only after making an advance payment. When purchasing goods at the Web Store, methods of payment listed at the Web Store may be used to pay for goods.

6.5. Purchase documents - order information shall be presented to the Buyer electronically to the Buyer’s e-mail.

6.6. After the Seller has confirmed the order, the price of the goods may change only in exceptional cases, when the price of the goods has changed due to technical errors in information systems, correction of obvious (negligence) errors or other objective reasons beyond the Seller's control.

7. DELIVERY OF GOODS

7.1. The possible methods of delivery of goods to the Buyer shall be listed after the Buyer forms his/her basket of goods and enters his/her delivery address. Usually the Seller offers two shipping options - Express (2-4 business days) and Free (2-4 weeks). Order tracking number will be issued to the customer via email within 1 day after the initial purchase.

7.2. Delivery of goods shall be a free service unless specified otherwise.

7.3. Where the Buyer chooses an Express delivery service, the Express delivery price shall be displayed to the Buyer at the end of the order process, before choosing the payment method and/or making a payment. The price of Express delivery of goods shall be paid in advance, along with the payment for goods.

7.4. The Buyer undertakes to indicate the exact place of delivery of the goods.

7.5. The goods are being delivered by authorized delivery services.

7.6. The Seller cannot guarantee that the goods will in all cases be delivered in accordance with the Rules and/or other conditions found in the Web Store.

7.7. When accepting goods, the Buyer shall check the condition of the shipment, the quantity and quality of goods. Having noticed that shipment packaging is damaged, but there are no discrepancies in the quantity or quality of goods, the Buyer shall mark the packaging damage in the delivery forms presented by delivery services and inform the Seller by e-mail info@birdly.org. In such a case goods shall be considered delivered in a damaged packaging, but their quantity and quality shall be considered in line with conditions of the Purchase – Sale Agreement, and goods shall be deemed to have been delivered properly.

7.8. Having determined that there are discrepancies in the quality of goods, the Buyer cannot accept the goods that fails to meet the quality of goods. The Buyer shall indicate his/her refusal to accept the good, list the discrepancies by completing the forms submitted by the delivery services and inform the Seller by e-mail info@birdly.org. Should any discrepancy in quantity of the goods be determined, the Buyer shall also indicate this by completing the forms submitted by the delivery services and inform the Seller by e-mail info@birdly.org.

7.9. If the Buyer accepts a shipment without making any comments, goods shall be considered delivered in an undamaged packaging, the quantity and quality of goods shall be considered to be in line with the terms of the Purchase – Sale Agreement.

7.10. The Buyer undertakes to accept goods himself/herself. When handing over goods, the Buyer may be asked to furnish his/her personal identity document and order information sent to the Buyer by the Seller.

7.11. Having delivered goods to the address indicated by the Buyer, goods shall be considered transferred to the Buyer, regardless of whether or not the goods were actually accepted by the Buyer or any other person, who accepted the goods at the specified address. If the Buyer could not pick up goods himself/herself, and the goods were delivered to the specified address, the Buyer shall not have the right to file any claims with the Seller regarding the delivery of goods to a wrong person. If goods are not delivered on the planned delivery date, the Buyer shall inform the Seller thereof immediately, but no later than on the day following the scheduled date of delivery of goods. Otherwise, the Buyer shall lose his/her right to file claims with the Seller related to delayed delivery and/or non-delivery of goods.

7.12. The delivery conditions indicated in the product description are preliminary.

7.13. By approving these Rules, the Buyer agrees that in exceptional cases the delivery of goods may be delayed due to unforeseen circumstances beyond the control of the Seller.

8. RIGHT TO REFUSE THE AGREEMENT. RETURN OF GOODS

8.1. The Buyer may not exercise the right to refuse the Purchase – Sale Agreement concluded by electronic means of communication if the Buyer has opened the packaging of the book or other printed publication, as well as in case of delivery of newspapers, periodicals or magazines (Clause 22 of the Regulations of the Cabinet of Ministers of the Republic of Latvia No 255 “Regulations Regarding Distance Contracts”, dated 20 May 2014).

8.2. In other cases, the Buyer shall have the right to refuse the Purchase – Sale Agreement concluded by electronic means of communication without giving a reason therefor within 14 (fourteen) days from the date of delivery (receipt) of goods. The Buyer may refuse the Purchase – Sale Agreement by returning goods to the Seller and by sending them with a Withdrawal Form to the Seller. The Buyer shall also provide a purchase document (invoice, receipt, etc.), presenting this document by sending its copy together with the Withdrawal Form, evidencing that the goods were purchased from the Seller.

8.3. Withdrawal Form is available here:
https://we.tl/t-Y1OHVjxmG1

8.4. Goods shall be returned to the Seller not later than within 14 (fourteen) calendar days from the day of sending a message on refusal of the Purchase – Sale Agreement to the Seller. The Buyer shall be responsible for properly packaging goods for return. The Buyer shall bear direct expenses of the return of goods.

8.5. Address for returns:

SIA "PP Projects",
registration number 42103091699
Alandes Street 29, Grobina
Grobinas district,
LV-3430 Republic of Latvia

8.6. In case the Buyer returns the books or other printed publication opened from the package, as well as newspapers, publications, periodicals or magazines, the Seller does not refund any money to the Buyer.

8.7. Buyer will receive money for the goods after the goods are returned to the Seller. The money will be refunded to the bank account from which the purchase was made. If the payment for the goods was made by a payment card, the money will be returned to the same card the payment was made from. If the payment for the goods was made by another payment methods, the money will be returned to the same payment method operator the payment was made from.

8.8. The Seller shall not be considered to have violated conditions of return of money, if he/she is unable make a transfer at the fault of the Buyer (delayed return of goods, inaccurate data, etc.).

8.9. In any case of return, the Seller shall not compensate expenses of the Buyer.

8.10. The Buyer shall act in accordance with the following conditions when returning goods:

8.10.1. the Buyer may not exercise the right to return the books or other printed publications opened from the package, as well as newspapers, publications, periodicals or magazines;

8.10.2. goods shall not be damaged by the Buyer;

8.10.3. the goods returned shall come in the same assembly as received by the Buyer;

8.10.4. when returning goods, presenting an invoice evidencing their purchase and completing an application for the return of goods shall be necessary.

8.11. If the goods returned do not come in a complete assembly, are damaged, disorderly and/or inappropriately packaged, the Seller shall have the right to refuse to accept the goods returned and refuse to return the money paid by the Buyer for the goods being returned.

8.12. The Buyer cannot return such goods that cannot be returned in accordance with legal acts of the Republic of Latvia.

9. DISCOUNT AND PROMOTIONS

9.1. The Seller may initiate various promotions or apply discounts at the Web Store at its own initiative.

9.2. Detailed information related to discounts or promotions shall be available at the Web Store during a specific promotion or discount period.

9.3. When the Buyer purchases goods for which the Seller offers a certain discount or a gift, and then takes advantage of his right to return goods, the Buyer shall be returned solely the amount of money, which he actually paid for the goods.

9.4. The Seller shall have the right to unilaterally, without a separate notice, change conditions of promotions or discounts, or to cancel them altogether. Any changes or cancellations in the procedure of application of promotions and discounts shall be valid from the moment of their publication.

10. LIABILITY OF THE PARTIES

10.1. The Buyer shall be liable for the correctness of the Registration Data. If the Buyer fails to provide accurate Registration Data and/or accurate delivery address, the Seller shall not be liable for resulting consequences.

10.2. The Buyer shall be liable for transferring the Registration Data to third parties.

10.3. The Seller shall be exempted from any liability in cases where losses arise due to the fact that the Buyer failed to read the Rules and/or the Purchase – Sale Agreement despite the Seller's recommendation and his/her duty to do so, even though he/she was provided with such a possibility.

10.4. The Seller shall not be liable for a default on the Purchase – Sale Agreement and/or a failure to deliver goods or late delivery of goods, where this happened at the fault of third persons, or for circumstances, which the Seller could not control or reasonably foresee at the time of conclusion of the Purchase – Sale Agreement, and could not prevent the occurrence of these circumstances or their consequences (force majeure).

11. PROVISION OF INFORMATION

11.1. The Seller shall send all messages and other information to the Buyer to his/her specified e-mail address. This information shall be considered received by the Buyer within 3 (three) hours from the moment of its sending.

11.2. The Seller shall not be liable for any malfunctions in the Internet connection or disruptions in networks of e-mail service providers for which the Buyer was unable to receive e-mails of the Seller.

11.3. The Buyer shall send all notices, claims, applications and questions using the contacts specified in these Rules.

12. FINAL PROVISIONS

12.1. All information provided on the Seller’s website, including, but not limited to these Rules, information about the Seller, offered goods, and their properties, procedure of implementation of the Buyer’s right to refuse the Purchase – Sale Agreement shall be deemed to have been submitted to the Buyer in writing.

12.2. The Rules and the Purchase – Sale Agreement concluded by the Buyer and the Seller shall be subject to law of the Republic of Latvia.

12.3. The Seller may at any time assign its rights and duties arising out of these Rules to any third persons without obtaining the Buyer’s consent thereto or notifying him thereof.

12.4. All disagreements between the Buyer and the Seller regarding the Rules shall be solved by negotiation. If the parties fail to resolve disputes by negotiations within 15 (fifteen) days, disputes shall be finally settled in accordance with the procedure established by laws of the Republic of Latvia.

12.5. The Buyer may submit requests and/or a complaints regarding the goods purchased at the Web Store with the Consumer Rights Protection Centre (Brīvības iela 55, Riga, Latvia, LV-1010, by phone: +371 65452554 by e-mail: ptac@ptac.gov.lv, on the website of the Centre at: www.ptac.gov.lv), or by completing an application form on the Electronic Consumer Dispute Resolution Platform at http://ec.europa.eu.

12.6. These Rules valid from September 10, 2020.

13. CONTACT DETAILS AND REQUISITES

SIA "MAKERSGROUP", registration number 44103138911, registered office address: 4 Meza Street, Riga, LV-1048, Republic of Latvia

E-mail: info@birdly.org

14. CONTACT DETAILS FOR RETURNS

SIA "PP Projects"
registration number 42103091699
Alandes Street 29, Grobina
Grobinas district,
LV-3430, Republic of Latvia