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TERMS & CONDITIONS
1. GENERAL AGREEMENT
SIA Biofarmacija (Latvia) Ltd, registration No 40103897031, address: Ģenerāļa Radziņa krastmala 29-1, Riga, LV-1050, Latvia, hereinafter – Biofarmacija, provides the website www.biofarmacija.lvhereinafter referred to as the “Website”, the content available on the Website and provide the services subject to the terms and conditions, delivery terms, returns policy, other terms and conditions and operating policies set out on the Website in relation to certain features, elements or advertising set out below and provide customer service, all of which are incorporated into and form part of these terms and conditions (collectively, the “Terms and Conditions”). By logging in to the E-SHOP section of the Website, you acknowledge that you have read these Terms and Conditions, understand them and agree to be bound by them without limitation or qualification.
If the consumer purchases the products offered for sale on the Biofarmacija Website via the Internet, hereinafter – the Goods, then such mutual agreement is considered a Distance Contract and is subject to the legal provisions of the Republic of Latvia regulating Distance Contracts, including but not limited to the Law of the Republic of Latvia “Consumer Rights Protection Law”, Regulations of the Cabinet of Ministers of the Republic of Latvia “Regulations on Distance Contract”.
If a customer who has ordered and purchased a product on the Website does not have legal capacity, the legal representative (e.g. parent, guardian) of that person is responsible for ordering and paying for the product. In the aforementioned case, the order cannot be cancelled and the purchase price is non-refundable.
A distance contract for the purchase of Goods shall be deemed to be concluded upon payment for the Goods.
2. PRIVACY
Biofarmacija protects the fundamental rights of natural persons, in particular their privacy, with regard to the processing of personal data in accordance with Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC.
Biofarmacija processes your personal data in different ways for different purposes, depending on whether you are a registered user (see section 2.2), an unregistered user (see section 2.3), have opted in to the newsletter (see section 2.4) or have purchased a gift card (see section 2.5). Information relating to the use of cookies is available in the Privacy Policy.
Biofarmacija does not use or share the information you provide online without a legal basis. Biofarmacija is obliged to disclose personal data to state and local government officials in the cases provided by law. We will be compelled to disclose a consumer’s personal information when required to do so by law.
Biofarmacija may process your personal data in aggregate form for statistical purposes in order to analyse and improve the services and products provided.
Biofarmacija takes all reasonable steps to protect the security of your personal information against theft, loss, misuse, unauthorised access, disclosure, alteration and damage.
2.1. VISPĀRĪGĀS TIESĪBAS
Under applicable law, you have the following rights:
– request access to your personal data;
– request the rectification or erasure of your personal data, to the extent possible;
– request to restrict or object to the processing of your personal data;
– request the transfer of your personal data to the extent possible;
– withdraw your consent to the processing of personal data at any time;
– lodge a complaint with the national data protection authority;
– contact Biofarmacija for further information about the processing of your personal data.
Contact details of the national data protection authority of the Republic of Latvia: the Data State Inspectorate, 11/13-15 Blaumaņa Street, Riga, Latvia, LV-1011, phone: +371 67223131, e-mail: [email protected].
Biofarmacija Contact:
General Radziņa krastmala 29-1, Rīga, LV-1050, Latvia, tel: +371 23551718, e-mail: [email protected]
2.2. REGISTERED USER
2.2.1. ACCOUNT CREATION
By registering on the Website and creating your customer account, hereinafter – Account, your personal data is used to enter into an agreement with Biofarmacija for the creation and maintenance of the Account, which is used as a communication channel for concluding the Distance Agreement.
By creating an Account, you confirm that you are aware that the data you have entered is processed to create and maintain the Account, including to create and store your wish list and purchase history, and to send you information related to the performance of the Distance Contract, such as order fulfilment information, order updates.
Biofarmacija needs to receive and process your personal data in order to conclude the Distance Contract using the Account as a communication channel. If you do not provide this personal data, you will not be able to create an Account and enter into a Distance Contract.
In addition, the information contained in your wish list and purchase history is used to improve the services and product offerings provided by Biofarmacija based on Biofarmacija’s legitimate interest in collecting information about the quality of the services and products offered.
Account information about Distance Contracts (products purchased), including all communications with you, is retained as evidence that the Distance Contract has been concluded and fulfilled. Biofarmacija retains this information based on its legitimate interest to protect its rights and interests in the event of a dispute and its statutory obligation to retain information about its business activities.
Your personal data related to the creation and maintenance of the Account and the conclusion and execution of the Distance Agreement is processed only by Biofarmacija and our partners who provide order delivery, IT structures and payment platforms. The minimum necessary amount of personal data is transferred to the cooperation partners.
Your personal data is processed for this purpose until you delete the Account or until the data retention period or the statute of limitations for bringing a lawsuit, whichever is later, has expired under the laws of the Republic of Latvia.
2.2.2. RECEIVING COMMERCIAL COMMUNICATIONS
By signing up to receive commercial communications such as Product Promotions, Special Offers, you consent to Biofarmacija processing the personal data you provide in the Registration Form and Order Form, including your geographic location and purchase history.
Biofarmacija processes your personal data in order to send you up-to-date and relevant commercial communications. Biofarmacija carries out various types of profiling, collecting the information you provide to analyse which services and products may be of interest to you and to send you a commercial communication with appropriate content.
If you purchase Goods on the Website, Biofarmacija will use your email address to send you commercial communications about similar Goods even if you have not opted in to receive commercial communications. If you do not wish to receive such communications, you have the option to opt-out of further use of your email address for commercial communications in a separate email immediately after you place your order and at the time you receive each commercial communication.
Your personal data related to the sending of commercial communications is processed only by Biofarmacija and our business partners who provide IT structures and email platforms. The minimum necessary amount of personal data is transferred to the cooperation partners.
Your personal data is processed for this purpose until you withdraw your consent to receive commercial communications or unsubscribe from receiving commercial communications. Information about withdrawal or refusal of consent will be retained in order to properly comply with your request not to send commercial communications.
Biofarmacija will stop sending commercial communications once your request has been processed. Please note, however, that the processing of your request depends on the technological capacity to fulfil your request, which may take up to five working days.
2.3. UNREGISTERED USER
2.3.1. CONCLUDING A DISTANCE CONTRACT
For the purpose of concluding the Distance Contract, Biofarmacija needs to receive and process the personal data provided in the order form. If you do not provide your personal data, you will not be able to conclude the Distance Contract.
Biofarmacija collects and stores information about your purchase history for the purpose of improving the services and products provided, based on Biofarmacija’s legitimate interest in collecting information about the quality of the services and products offered.
Information relating to the conclusion and performance of the Distance Contract, including all communications with you, is retained as evidence that the Distance Contract has been concluded and performed. Biofarmacija retains this information based on its legitimate interest to protect its rights and interests in the event of a dispute and its legal obligation to retain information about its business activities.
Your personal data relating to the conclusion and performance of the Distance Contract is processed solely by Biofarmacija and our partners who provide order delivery, IT structures and payment platforms. The minimum necessary amount of personal data is transferred to the cooperation partners.
Your personal data is processed for this purpose until the expiry of the data retention period provided for by the legislation of the Republic of Latvia or the limitation period for bringing a lawsuit, whichever is later.
2.3.2. RECEIVING COMMERCIAL COMMUNICATIONS
By signing up to receive commercial communications such as Product Promotions, Special Offers, you consent to Biofarmacija processing the personal data you provide in the order form, as well as your geographic location and purchase history.
Biofarmacija processes your personal data in order to send you up-to-date and relevant commercial communications. Biofarmacija profiles you by collecting information about your geographic location and purchase history in order to analyse which services and products may be of interest to you and to send you a commercial communication with relevant content.
As you purchase Goods on the Website, Biofarmacija uses your email address to send you commercial communications about similar Goods even if you have not opted in to receive commercial communications. If you do not wish to receive such communications, you have the option to opt-out of further use of your email address for commercial communications in a separate email immediately after you place your order and at the time you receive each commercial communication.
Your personal data related to the sending of commercial communications is processed only by Biofarmacija and our business partners who provide IT structures and email platforms. The minimum necessary amount of personal data is transferred to the cooperation partners.
Your personal data is processed for this purpose until you withdraw your consent to receive commercial communications or unsubscribe from receiving commercial communications. Information about withdrawal or refusal of consent will be retained in order to properly comply with your request not to send commercial communications. Biofarmacija will stop sending commercial communications once your request has been processed. Please note, however, that the processing of requests depends on the technological capacity to handle your request, which may take up to five working days.
2.4. NEWSLETTER RECIPIENT
By agreeing to receive email newsletters, you consent to Biofarmacija sending commercial communications, such as Product promotions and special offers, to the email address you have provided.
Your personal data related to the sending of commercial communications is processed only by Biofarmacija and our business partners who provide IT structures and email platforms. The minimum necessary amount of personal data is transferred to the cooperation partners.
Your personal data is processed for this purpose until you withdraw your consent to receive commercial communications or unsubscribe from receiving commercial communications. Information about withdrawal or refusal of consent will be retained in order to properly comply with your request not to send commercial communications.
Biofarmacija will stop sending commercial communications once your request has been processed. Please note, however, that the processing of your request depends on the technological capacity to fulfil your request, which may take up to five working days.
2.5. GIFT CARD USER
For the purpose of concluding a Distance Contract for the purchase of a Gift Card, Biofarmacija needs to receive and process the personal data provided in the Gift Card Purchase Form and, if you have indicated another recipient of the Gift Card, Biofarmacija processes the name and email address of that person. If you do not provide your personal data, you will not be able to conclude the Distance Contract.
Information relating to the purchase of a gift card, including all communications with you, is retained as evidence that the Distance Contract has been concluded and fulfilled. Biofarmacija retains this information based on its legitimate interest to protect its rights and interests in the event of a dispute and its legal obligation to retain information about its business activities.
Personal data relating to you and, in certain cases, the gift card recipient, relating to the conclusion and performance of the Distance Contract is processed solely by Biofarmacija and our business partners who provide the IT structures and payment platforms. The minimum necessary amount of personal data is transferred to the cooperation partners. Your personal data and, in certain cases, the personal data of the recipient of the gift card are processed for this purpose until the expiry of the data retention period provided for by the legislation of the Republic of Latvia or the limitation period for bringing a lawsuit, whichever is the later.
If you submit an application to extend the term of the gift card by 1 (one) month, this application will be retained until the end of the extended term of the gift card, unless applicable law provides for a longer period. These rules apply only to gift cards.
3. PURPOSE OF THE WEBSITE
This Website is created and maintained by Biofarmacija. The website has been designed to serve effectively as a platform for communication between the company and the customer, as a platform for online sales of the brand’s products and as a source of information on all matters relating to the products and the company.
4. PRODUCTS AND SERVICES FOR PERSONAL USE
The products and services available on this Website and any samples of them that we may provide to you are for your personal use only. You may not sell or resell the services or samples you receive from us. Biofarmacija reserves the right, with or without notice, to cancel or reduce the scope of any order to be fulfilled or any products or services to be provided to you where, in our sole discretion, this may result in a breach of the Terms and Conditions.
5. ACCURACY OF INFORMATION
We try to be as accurate as possible when describing the products available on the Website. If there are changes to the information relating to the product (description, colours, etc.), Biopharma cannot guarantee that the Website is fully up-to-date with all current information at all times.
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, the compilation and arrangement thereof (collectively, the “Content”), is the property of Biofarmacija, our partners or licensors 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 copyright and trademarks. No use of our trademarks in any form, for any purpose, is permitted without express written permission.
7. PRECES
Goods sold by Biofarmacija – cosmetics and food supplements. Biofarmacija has taken all necessary steps to ensure that the cosmetic products and food supplements it sells, hereinafter referred to as “the Products”, do not endanger the health and safety of the consumer.
Biofarmacija shall not make misleading claims to the consumer about the efficacy or other characteristics of the Product.
Biofarmacija The product is safe for human life, health, environment, which complies with the norms of the Law of the Republic of Latvia “Law on Safety of Goods and Services”, as well as international normative acts.
The product and the gift that is added to the product, for example for the purchase of the product or for a certain purchase amount, are considered as an indivisible whole that cannot be accepted or returned separately, unless you have expressly refused to receive the gift added to the product.
8. PRICING POLICY
All prices on www.biofarmacija.lv are quoted in euros (EUR). We endeavour to ensure that prices are always quoted accurately, but we cannot guarantee that the prices quoted at the time of ordering will be the correct prices of the products at that time. If we receive your order at a price different from the price shown on the website at that time, we will contact you and offer you the opportunity to cancel your order. If we are unable to contact you quickly, your order will automatically be considered cancelled and you will receive a full refund of all payments made for that order.
All prices are subject to VAT or other sales taxes where applicable. Depending on the delivery address, your order may be subject to additional shipping charges, which will be clearly indicated before payment is confirmed and included in the total order price.
The final price of the Goods, including taxes and duties and delivery or postage costs, will be indicated before the conclusion of the Distance Contract.
If delivery or postage costs cannot be calculated in advance, you will be informed that such charges may apply.
9. DELIVERY ARRANGEMENTS
All our deliveries are made safely and quickly, as confirmed by our past experience. For information on order fulfilment and delivery procedures, as well as free delivery terms and additional delivery costs, we invite you to consult our Terms of Delivery.
10. TERMS OF RETURN AND RIGHT OF WITHDRAWAL
Each return of orders placed and delivered by the customer is dealt with separately, according to a simplified procedure. For information on the customer’s options regarding the return of products and for information on the termination of the contract and the relevant conditions, we invite you to read our Return Policy.
11. USER’S OBLIGATIONS
When accessing or using the Website, you must comply with the Terms and Conditions set out herein and any specific warnings or instructions published on the Website regarding access or use. You must always act in good faith and in accordance with the law and customs. You may not make any changes or modifications to the Website, the Content or the Services, or in any way interfere with the operation or integrity of the Website. Without limiting the generality of any other provision of these Terms and Conditions, if you willfully or negligently breach your obligations under these Terms and Conditions, you will be liable for all losses and damages that such breach may cause to Biofarmacija, its partners or licensors.
12. LINKS TO THIRD-PARTY SITES
We are not responsible for the content of other websites to or from which our Website links. The links on the Website are provided for convenience only and do not constitute an endorsement by us, our affiliates or partners of the content, product, service or supplier. Your use of links to or from other websites, webpages or web pages is at your own risk. We are in no way responsible for examining or evaluating other websites from or to which our Website links, and we do not guarantee the availability of other such websites, nor do we assume any responsibility or liability for the operation, content, products or services of such other websites, including without limitation their privacy policies and terms and conditions. You should carefully read the terms and conditions and privacy policies of any other websites you visit.
13. LIMITATION OF LIABILITY
You agree that, under all applicable laws, the parties shall not be liable in any way (whether in contract, negligence or otherwise) for any interruption or error caused by your use of this Website.
Subject to applicable law, in no event shall the parties be liable (whether in contract, tort (including negligence) or otherwise) for a) Biofarmacija business interruption; (b) delays or interruptions in accessing the Website; (c) non-delivery, misdelivery, distortion, corruption or other alteration of data; d) any damage or loss of any kind incurred in connection with the presence or use of links to other websites on the Website; e) computer viruses, system crashes or failures that may occur in connection with the use of the Website, including the use of hyperlinks to or from third party websites; (f) any inaccuracies or omissions in the content; or (g) events beyond the reasonable control of the parties.
The Parties shall not be liable for any indirect, special, incidental or consequential damages (including lost profits) relating to the Website or your use of (or inability to use) the Website, whether in contract, tort (including negligence) or otherwise, even if Biofarmacija is advised of the possibility of such damages.
14. COPYRIGHT CLAIMS
SIA Biofarmacija All rights reserved.
All content, correspondence (whether by electronic mail or regular mail), and marketing materials used to promote the Website on third party resources are the property of Biopharmaceuticals. Reproduction or republication in whole or in part of its contents 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 to print parts of it for your reasonable personal use.
Permission to copy or reproduce for restricted use:
You have the right to make copies of the material in print or digital format for use by third parties, provided that you acknowledge the Biofarmacija Website as the source of the content and material by adding a top-level hyperlink(http://www.biofarmacija.lv) to any such republished copy. You must also inform third parties with whom you share such copies that, in the case of republication of such copies, you must acknowledge the Biofarmacija Website as the source of all material by inserting a top-level hyperlink(http://www.biofarmacija.lv).
15. COMPENSATION
You agree to indemnify, defend and hold us harmless from and against any damage, loss, damage or expense, and to pay our legal fees, arising out of any claim, action or proceeding brought by a third party due to or arising out of your breach of these Terms and Conditions, errors in your representations or warranties or your use of this Website.
16. DISPUTE SETTLEMENT
The Parties will endeavour to resolve any dispute relating in any way to your authorization on the Website or arising in connection with the performance, interpretation or termination of this Distance Agreement by mutual negotiation.
Biofarmacija will respond to any of your submissions in the manner and within the timeframe prescribed by the regulatory enactments and will inform you about the possible method of claim settlement or dispute resolution or alternative method of claim settlement.
If the dispute cannot be resolved by negotiation, you as a consumer may bring an action either in the court of the Republic of Latvia which is the domicile of Biofarmacija or, regardless of the domicile of Biofarmacija, in the court of the domicile of the consumer.
The Biofarmacija can only bring an action against you as a consumer in the courts of the Member State where you are domiciled as a consumer.
Biofarmacija does not limit in any way by these terms your right to apply to the competent national authorities for the protection of your rights.
17. GENERAL PROVISIONS
You agree that these Terms and Conditions constitute the entire and entire agreement between you and Biofarmacija with respect to your use of this Website and its content.
Biofarmacija has the right to amend and update these Terms at any time by posting the relevant changes on the Website and indicating the last date of amendment and, if the amendments are deemed by Biofarmacija to be material to you, by sending you a notice by e-mail. Any changes made to these Terms and Conditions shall take effect immediately upon their publication. You agree that by continuing to use the Website after such changes have been made, you signify your acceptance of all changes. Biofarmacija reserves the right to cancel or revoke any rights granted under these Terms and Conditions. You must comply with any such withdrawal or modification from the time it is made, including, if necessary, by ceasing to use the Website in any way.
Nothing in these Terms shall be construed as creating a partnership or other form of joint venture between you and Biofarmacija. Where Biofarmacija fails to enforce compliance by you with these Terms and Conditions, this does not affect our full right to require compliance with them before or after. If any provision of these Terms and Conditions is unenforceable or invalid under applicable law, or is declared unenforceable or invalid by arbitration or court decision, the validity or enforceability of these Terms and Conditions as a whole shall not be affected thereby, but instead these Terms and Conditions shall be amended to the extent possible under applicable law to fully reflect the original intent of the parties under the original Terms and Conditions.
18. FORCE MAJEURE
SIA Biofarmacija shall not be liable for any delay in or failure to perform its obligations or any other failure to perform due to circumstances and obstacles beyond our reasonable control, including, but not limited to, strikes, government orders, acts of war or national emergency, threats or acts of terrorism, environmental or climatic anomalies, failure of third parties to perform, interruptions in internet connectivity, and computer equipment and software failures. In the event of such force majeure, we will endeavour to remedy any delays as soon as possible.