Terms of use – Bioefekts

General terms of use of the website www.bioefekts.lv
1. Before using the website www.bioefekts.lv (hereinafter – the Website), carefully read the general terms of use of the Website, including, but not limited to, the terms of delivery, return policy, Cookie Policy and other conditions, the details of which can be found on the Website (hereinafter collectively referred to as the Terms).
2. The Website means the website created by © Media Guru with the address https://www.bioefekts.lv/, with all the information contained therein, which is the limited liability company “BIOEFEKTS”, unified registration number 40103110309, legal address: Līvzemes Street 30, Salaspils, Salaspils county, LV-2169,, e-mail: info@bioefekts.lv (hereinafter – the Company) property.
3. The Company provides the content available on the Website and provides services in accordance with the Terms.
4. By visiting or logging in to the Website or using the product information contained therein, you acknowledge that you have read the Terms, understand them and agree to abide by them.
5. In case you do not agree with the Terms, please do not visit and use the Website, as well as do not purchase the goods offered on the Website.
6. The content of the Website and the Terms may be unilaterally changed at any time and the changes will take effect after their publication on the Website. The Company shall indicate on the Website the date of the most recent change.
7. From the moment you start using the Website or perform any activities, it is considered that you have read and comply with the Terms and the Cookie Policy.
8. If the consumer, using the Website, purchases biological plant protection products and other microbiological preparations produced by the Company for horticultural and agricultural purposes (hereinafter – the Goods), then such mutual agreement is considered a Distance Agreement and the legal provisions of the Republic of Latvia governing the Distance Agreement apply. including, but not limited to, the Consumer Rights Protection Law and the Cabinet of Ministers Regulations no. 255 “Rules on distance contracts”.
9. If the customer who has ordered and purchased the product on the Website (hereinafter – the Buyer) does not have legal capacity or legal capacity, the legal representative of this person (for example, parents, guardians) is responsible for ordering and paying for the Goods. In this case, the order cannot be canceled, as well as the purchase fee is not refunded.
10. In case of any doubts about filling in the forms on the Website, please contact the Company’s staff using one of the contact details provided in the contact information.
Privacy
1. The Company shall protect the fundamental rights and freedoms of individuals, including, but not limited to, privacy with regard to the processing of personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council ( 27 April 2016 ) on the protection of individuals on the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation).
2. The Company processes your personal data in different ways and for several purposes in accordance with the provisions of Clause 4 of the General Terms of Use of the Website, depending on whether you are an unregistered user (Clause 4.1), a registered user (Clause 4.2), providing feedback on the Product (Section 4.3) or you have subscribed to receiving news (Section 4.4).
3. The processing of personal data related to the use of cookies is available in the Company’s Cookie Policy.
4. The Company may process your personal data in an aggregated form for statistical purposes in order to analyze and improve the Goods and the services that are provided.
5. The Company does not use or share the information you provide on the Website without a legal basis. Only in the cases specified in regulatory enactments is the Company obliged to disclose the data of individuals provided to it.
6. The Company will use all reasonable steps to protect your personal information to protect it from theft, loss, misuse, and unauthorized access, disclosure, alteration, and damage.
General rights related to the protection of personal data
1. According to the applicable laws and regulations, you have the right to:
  1. request access to your personal data;
  2. request the deletion or rectification of your personal data as far as possible;
  3. request to restrict or object to the processing of your personal data;
  4. request the transfer of your personal data as far as possible;
  5. withdraw the consent to the processing of personal data at any time;
  6. to submit a complaint to the individual data protection authority;
  7. contact the Company for additional information on the processing of your personal data.
2. In order to exercise the rights specified in pargraph 3 Sub-paragraphs of the General Terms of Use of the Website, contact:
  1. limited liability company “BIOEFEKTS”, unified registration number 40103110309, writing e-mail: info@bioefekts.lv or legal address: Līvzemes iela 30, Salaspils, Salaspils county, LV-2169, telephone number +371 27774433.
  2. Data Protection Inspectorate, Blaumaņa Street 11 / 13-15, Riga, LV-1011, Phone: 67223131, E-mail: info@dvi.gov.lv.
Purpose and processing of personal data
1. Unregistered user of the Website.
  1. The user’s personal data is processed for the purpose of concluding a Distance Agreement. Consequently, the Company needs to receive and process the personal data specified in the order form. If personal data is not provided, then the Company will not be able to enter into a Distance Agreement.
  2. Along with the conclusion and performance of the Distance Agreement, all communication with the User is stored as proof that the Distance Agreement has been concluded and executed. The Company retains this information based on the legitimate interest in protecting its rights and interests in the event of a dispute, and the obligation imposed by regulatory enactments to retain information about the commercial activities performed.
  3. The user’s personal data related to the conclusion and performance of the Distance Agreement is processed by:
    1. The Company;
    2. third parties who ensure the delivery of the purchase of the Goods;
    3. third parties providing IT services;
    4. third parties providing payment platforms;
    5. third parties who provide the Company’s accounting services.
  4. The minimum required amount of personal data is transferred to the third parties specified in sub-paragraphs of 4.1.3 paragraph of the Genral Terms of Use of the Website.
  5. User’s personal data within the framework of paragraph 4.1. are processed until the term of data storage specified in the regulatory enactments of the Republic of Latvia or the limitation period for bringing a claim in court, whichever term occurs later.
  6. The Company collects and maintains information on the history of purchases for the purpose of improving the services provided and the range of Goods, based on the Company’s legitimate interest in collecting information on the quality of services and goods offered.
  7. Receipt of commercial communications to unregistered users.
    1. In case the User applies for commercial notifications (promotions, special offers, thematic seminars), the Company consents to the processing of the User’s personal data specified in the order form, as well as the User’s geographical location and procurement history.
    2. The Company processes the User’s personal data in order to send the User up-to-date and appropriate commercial communications. The Company performs profiling by collecting information about the User’s geographical location and purchase history in order to analyze which Goods and services may be of interest to the User and send a commercial communication to the User with suitable content.
    3. The user’s personal data related to the sending of commercial communications is processed by:
      1. The Company;
      2. third parties providing IT services, e-mail and text messaging platforms;
    4. The minimum required amount of personal data is transferred to the third parties specified in sub-paragraphs of 4.1.7.3 paragraph of the General Terms of Use of the Website.
    5. User’s personal data according to point 4.1.7 of the General Terms of Use of the Website shall be processed until the User withdraws his consent to receive commercial communications or, in certain cases, until the need to retain evidence of the received consent ceases.
    6. The Company will stop sending commercial communications as soon as the User’s request is processed. User request processing time is three to five business days.
2. Registered user of the Website
  1. Creating a website user account
    1. By registering on the Website and creating your client’s account, hereinafter – the Account, the User’s personal data is used to enter into an agreement with the Company on the creation and maintenance of an Account used as a communication channel for concluding a Distance Agreement.
    2. By creating an Account, the User confirms that he is informed that the data entered by him is processed to create and maintain the Account, including to create and save the Customer’s wish list and purchase history, and send the User information related to the execution of the Distance Agreement, e.g. , information about order fulfillment, order clarifications.
  2. The Company needs to receive and process the Account User’s personal data in order to be able to enter into a Distance Agreement using the Account as a communication channel. If the User does not provide the personal data specified in the Account registration form, it will not be possible to create an Account and enter into a Distance Agreement.
  3. The information included in the Account User’s wish list and purchase history is used to improve the services provided by the Company and the range of Goods, based on the Company’s legitimate interest in collecting information on the services offered and the quality of the Goods.
  4. The information included in the Account about the concluded Distance Agreements (purchased Goods), including all communications between the User and the Company, is stored as proof that the Distance Agreement was concluded and executed. The Company retains information based on the legitimate interest in protecting its rights and interests in the event of a dispute and the obligation imposed by regulatory enactments to retain information about the commercial activities performed.
  5. The User’s personal data related to the creation and maintenance of the Account and the conclusion and performance of the Distance Agreement is processed by:
    1. The Company;
    2. third parties who ensure the delivery of the purchase of the Goods;
    3. third parties providing IT services;
    4. third parties providing payment platforms;
    5. third parties that provide the Company’s accounting services. payment platforms.
  6. The minimum required amount of personal data is transferred to the third parties specified in sub-paragraphs of 4.2.5 paragraph of the General Terms of Use of the Website.
  7. User’s personal data according to point 4.2. of the General Terms of Use of the Website are processed until the User deletes the Account, or until the term of data storage specified in the regulatory enactments of the Republic of Latvia or the statute of limitations for bringing a claim in court occurs, depending on which term occurs later.
  8. Receipt of commercial communications to registered users.
    1. In case the User applies for commercial notifications (promotions, special offers, thematic seminars), the Company consents to the processing of the User’s personal data specified in the registration and order form, including the User’s geographical location and procurement history.
    2. The Company processes the User’s personal data in order to send the User up-to-date and appropriate commercial communications. The Company performs profiling by collecting information about the User’s geographical location and purchase history in order to analyze which Goods and services may be of interest to the User and send a commercial communication to the User with suitable content.
    3. The user’s personal data related to the sending of commercial communications is processed by:
      1. The Company;
      2. third parties providing IT services, e-mail and text messaging platforms;
    4. The minimum required amount of personal data is transferred to the third parties specified in sub-paragraphs of 4.2.8.3 paragraph of the General Terms of Use of the Website..
    5. User’s personal data according to point 4.2.5.1. of the General Terms of Use of the Website shall be processed until the User withdraws his consent to receive commercial communications or, in certain cases, until the need to retain evidence of the received consent ceases.
    6. The Company will stop sending commercial communications as soon as the User’s request is processed. User request processing time is three to five business days.
3. Product review
  1. By leaving feedback on the Product, the User agrees that his name, e-mail and the rating and review assigned to the Product are published on the Website..
  2. The personal data referred to in paragraph are processed according to point 4.3.1. of the General Terms of Use of the Website for the purpose of publishing a review on the Website and improving the quality of services and Goods provided by the Company. Reviews published on the website are deleted only if the specific Product is no longer offered.
  3. If necessary, the Company may contact the User electronically in order to resolve problems related to the service or the Product about which the User has left a review. After contacting the User, the Company will not continue to use the User’s e-mail address in connection with the feedback.
  4. The personal data specified in 4.3.1. paragraph of the General Terms of Use of the Website shall be processed only by the Company and third parties that provide IT services.
4. Opportunities to receive the Company’s news
  1. By agreeing to receive the Company’s news by e-mail, the User agrees that the Company may send various types of commercial communications to the e-mail address provided by the User.
  2. The User’s personal data related to the sending of commercial communications is processed by the Company and third parties that provide IT services and e-mail sending platform.
  3. User’s personal data according to point 4.4 of the General Terms of Use of the Website shall be processed until the User withdraws his consent to receive commercial communications or, in certain cases, until the need to retain evidence of the received consent ceases.
  4. The Company will stop sending commercial communications as soon as the User’s request is processed. User request processing time is three to five business days.
Goods
1. The company produces biological plant protection products and other microbiological preparations for horticulture and agriculture, which are registered with the State Plant Protection Service.
2. The Company observes good manufacturing practice in relation to the consumer and the information provided on the Website about the Product is true and verified by conducting Product testing reports in scientific institutions registered in the Register of Scientific Institutions or an officially registered scientific institution in another European Union Member State. Consequently, the amount of relevant microorganisms in the specific Product indicated on the packaging of the Product has been checked.
3. The packaging of the Goods manufactured by the Company has been developed in accordance with the requirements of the regulatory enactments of the Republic of Latvia, including, but not limited to, the Cabinet of Ministers Regulation No. 506 “Regulations for the Identification, Quality Conformity Assessment and Marketing of Fertilizers and Substrates” released on Spetember the 1st of 2015.
4. The Company’s Goods comply with the provisions of the Law on the Safety of Goods and Services and are safe for human life, health and the environment.
5. To get acquainted with the Assortment of Goods, description, prices and special offers and their terms, select the section “Products”.
Product pricing policy
1. The User of the Website has the right to purchase the Goods at the price indicated in euros, including value added tax. The prices of the Goods listed on the website are subject to change.
2. Depending on the choice of the method of delivery of the Goods and the indicated address, delivery costs may be applied to the User’s order, which are specified before the payment is confirmed and included in the total order price. See point 11.6 of the Regulations Clause.
3. The total price of the goods, including taxes and fees, and delivery costs, is indicated before concluding the Distance Contract. See point 11.5 of the Regulations Clause.
Terms of exchange and return of goods of inadequate quality
1. Defects of the sold Goods are eliminated, low-quality Goods are exchanged, returned in accordance with the procedures referred to in the Regulations and the requirements of the regulatory enactments of the Republic of Latvia.
2. If the Buyer has purchased a low-quality Product and its non-conforming quality manifests itself as a manufacturing defect that was already at the time of purchase, or as non-compliance with the manufacturer’s specifications, the Buyer may return the Goods and request the Company to do one of the following:
  1. 7.that the Company eliminates the defects of the Product within a reasonable time, if the defects can be eliminated by ensuring the compliance of the Product with the provisions of the contract;
  2. exchange the Product for one that would ensure compliance with the terms of the contract;
  3. to reduce the purchase price accordingly;
  4. that the Product is replaced with a similar Product of appropriate quality, except in cases when the defects are minor or due to the fault of the Buyer;
  5. to refund the money and cancel the purchase agreement if the sale of goods of substandard quality is a material breach of the order.
3. Exercise of buyer’s rights:
  1. The Buyer is entitled to demand that the Company exchange the Product free of charge for one that would ensure compliance with the terms of the contract, unless this is not possible or disproportionate.
  2. The Buyer is entitled to request that the Company reduce the price of the Product accordingly or cancel the contract and refund the amount paid for the Product if the Company has not exchanged the Product for a reasonable time or if the said actions were performed causing significant inconvenience to the Buyer. When reducing the price or canceling the contract and refunding to the consumer the amount paid for the Product, depreciation of the Product or the benefit obtained by the Buyer using the Product and agreed upon by the parties may be taken into account.
  3. If the non-compliance of the Product with the terms of the contract is insignificant and cannot significantly affect the Buyer’s ability to use the Product, the Buyer cannot demand that the Company cancel the contract and refund the amount paid for the Product. Non-compliance of the Product with the terms of the contract is considered insignificant if it does not significantly reduce the quality of performance or usability of the Product and can be remedied without visually detectable changes in the appearance of the Product (eg damaged packaging, but polyethylene or plastic packaging used for description is intact, which can be replaced with new or used information from the Product description on the Website).).
4. If the Buyer wishes to return the Goods, he is obliged to:
  1. to notify the Company thereof by submitting a complaint in any of the cases specified in the types of communication in Regulation Clause 15.4. paragraph;
  2. Indicate in the complaint:
    1. information and circumstances relating to the subject of the complaint, such as the serial number of the Product, the date of purchase, the method of delivery, the type and date of the defect;
    2. Buyer’s claim in accordance with one of the provisions of Regulation Clause 7.2. subparagraphs;
    3. the contact details of the complainant.
5. The Buyer may exercise the right to return goods of non-conforming quality within two years from the date of purchase of the Goods, but the non-conformity must be discovered within six months from the date of purchase of the Goods.
6. The Buyer must pay the costs of delivery of the Goods and the costs of returning the Goods, but the Company, when it is convinced of the lack of quality of the Goods, must reimburse the costs incurred by the Buyer for delivery and return, except for the exceptions in the Regulations. The procedure for returning the goods is specified in point 9.3 of the Regulations Clause.
7. The money is refunded to the Buyer within 14 (fourteen) calendar days after the Company has canceled the purchase agreement based on the Buyer’s report of the Product of substandard quality. If the Buyer has not returned the Product to the Company, the term referred to in this paragraph shall start counting from the date of returning the Product to the Company. By approving the Terms, the Buyer agrees that the money will be refunded to the Buyer’s bank account, unless the Buyer and the Company have agreed otherwise.
8. The purchase agreement is not canceled and the money is not refunded for the Goods that are intentionally or negligently damaged (exposed to chemicals, water, open flames, high temperatures, sharp objects, etc.) or if the terms of use or storage of the Goods are violated, or the Goods are used incorrectly or inconsistently with the intended task. The burden of proving the proper storage and use of the Product lies with the Buyer.
Exchange and return of goods if the wrong Goods have been delivered or damaged
1. If incorrect or damaged Goods have been delivered to the Buyer, the Buyer must immediately, but not later than within 7 (seven) working days, inform the Company thereof using any of the provisions of point 15.4. of the Regulation Clause by filling in the online form on the Website.
2. Upon receipt of information about incorrectly delivered Goods, the Company undertakes to return the Goods at its own expense and replace them with the correct Goods.
3. If the Company does not have the ordered Goods, it shall refund to the Buyer the money received for the Goods. The money is refunded to the Buyer within 14 (fourteen) calendar days after the Company has received the Buyer’s notice of withdrawal from the contract, but if the Buyer has not returned the Product to the Company, the term referred to in this paragraph begins to run from the moment that the Company recieves the Goods. By approving the Terms, the Buyer agrees that the money will be refunded to the Buyer’s bank account, unless the Buyer and the Company have agreed otherwise.
4. Upon receipt of information about damaged Goods, the Company undertakes to exchange the Product at its own expense. Defective Product is not considered to be a Product that is only visually damaged and the procedure for use of the Product is not disturbed (for example, the packaging of the Product is damaged, but the polyethylene or plastic packaging containing the Product remains intact).
5. The procedure for returning the goods is specified in point 9.3 of the Regulations Clause.

The

Procedure for delivery and return of goods
1. Information on the procedure of delivery of the Goods can be found here.
2. Delivery costs are available here.
3. Information on the procedure for returning the Goods can be found here.
4. The Company shall review the form submitted by the User for the return of the Goods as soon as possible, but not longer than within 14 (fourteen) days.
Documents confirming the Goods purchased on the Website
1. The document confirming the conclusion of the Distance purchase agreement is an order confirmation, which is sent to the e-mail specified in the order of the respective Product.
2. The fact that the buyer has received the Product is confirmed by:
  1. Upon receipt of the ordered Product in the Company’s store – signature of the buyer or recipient on the order confirmation;
  2. Upon receipt of the ordered Product with standard delivery – the buyer’s signature on the courier/order issuer’s electronic terminal or order confirmation;
3. Claims that the order has not been delivered, after the receipt of the order is confirmed by one of the provisions of Reglament Clause 10.2. sub-pharagraphs are not accepted.
Procedures for using the website
1. Get acquainted with the range of Goods offered by the Company and their detailed description and price. Add Items of Interest to the “cart”, by selecting the “add to cart” option.
2. When all the items of interest have been added to the “cart”, click the „cart” button in the upper right corner or “view cart”.
3. In the “cart” you can see all the Goods that have been added to the order, adjust the quantity of the Goods, as well as delete the Product that is not needed. When you are sure of the amount of the order, click the „ Continue to make a purchase” button.
4. In order to make a purchase, it is not necessary to be an independent customer of the Company or a registered user of the Website, but it is necessary to get acquainted with the Terms and enter your name, address, telephone number and e-mail address in the section “Place an order” and confirm that the Terms are known and understood, including, but not limited to, the General Terms of Use of the Website, the Terms of Delivery and Return of Goods, and acceptable terms of the Company’s Cookie Policy .
5. In the “Your order” menu, you can see a summary of all your orders.
6. In the “Delivery” selection, select the desired delivery method. It is possible to receive the product in the Company’s store in Salaspils, Līvzemes Street 30, Omniva parcel terminal or choose delivery by courier. The type and price of the delivery service depends on the chosen type of delivery, the amount of the Product and the place of delivery. Delivery costs will be included in the total order amount in the “Your order” section as soon as you select the delivery method. Detailed information about delivery can be found in the section “delivery of goods”.
7. In the “ Pay in your Internet bank” option, you can select the desired bank through which the Internet bank will make the payment. The service is available to customers of AS Swedbank, Luminor Bank AS Latvian branch, AS Citadele banka and AS SEB banka.
8. After the step „ Place an order” the User will be connected to his/her chosen internet bank and after making the payment, an order confirmation will be sent to the e-mail address specified by the User.
9. Always follow the procedures on the Website and do not misuse the information on the Website.
10. The Website may be used only in accordance with the laws and regulations in force in the Republic of Latvia. The Company has the right to suspend or terminate the provision of services if compliance with the Terms is not ensured during the execution of the order.
11. The Distance contract shall be deemed concluded together with compliance of paragraph Clause 11.7 of the Regulations.
12. Exceptionally, the Company may cancel the Distance Agreement:
  1. in cases when the Distance contract has been concluded with the abuse of the other party, or with fraud or coercion;
  2. due to defects of the ordered Goods;
  3. due to excessive loss suffered by one or the other party;
  4. in other cases specified in regulatory enactments.
13. Use of the Website does not confer any ownership rights in the content to which you have access. It is prohibited to use the content of the information posted on the Website, unless the owner of this content has permission or other permission in accordance with the regulatory enactments of the Republic of Latvia. The Terms do not grant the right to use any of the photographs or logos listed on the Website. It is forbidden to remove, obscure or change the notices that appear on the Website or are provided through the Website.
14. The content and description of the Goods and other information owned by the Company are displayed on the Website.
Information provided on the website
1. The Company tries to provide the description of the Goods available on the website as accurate as possible. If there has been a change in the information related to the Product (description, colors), the Company cannot guarantee that the Website is completely up-to-date at all times, including all current information.
2. Personal data entered on the Website is processed and stored in accordance with the provisions of Chapter 4 of the General Terms of Use of the Website.
3. With regard to communication with the User, the Company observes confidentiality.
4. The Company is not responsible for the content of the information contained in the links of third parties posted on the Website and the content of publications for which a specific author and place of publication is indicated. Third party links or references to publications on the Website are provided to provide additional information to Users about the use, effectiveness and experience of the Company’s Goods.
Website privacy and copyright protection
1. By ordering the Product, you agree that the data entered on the Website may be used by the Company in accordance with the Terms.
2. When ordering the Product, confirm that you have read and agree to the terms of delivery of the Goods .
3. When ordering the Product, you confirm that you have read and agree to the right to use the right of withdrawal .
4. When ordering the Product, you confirm that you have read and accept the Company’s Cookie Policy .
5. When ordering the Product, by contacting the Company or a person represented on its behalf, by telephone, in writing by e-mail or on social networks, you confirm that you have read and agree to the Terms and that the contact details provided are correct.
6. All intellectual property rights in the Website belong to the Company. In case of violation of these rights, the guilty person is called to liability specified in regulatory enactments, as well as is fully liable for all losses that are or could be caused to the Company or third parties.
Responsibility
1. The User and the Company shall not be liable for any indirect and incidental damages related to the Website or its use (or inability to use the Website). In cases of intentional or negligent breach of the obligations provided for in the Terms, the user of the Website shall be liable for all losses and damages that such breach may cause to the Company or its parent company, partners, etc.
2. The Company is not responsible for technical errors that have occurred to the User when using the Website.
3. The Company is not responsible for problems using the Website, making a purchase or delivery of Goods in situations of force majeure, including, but not limited to, a state of war, riots, entry or exit bans, pandemics, epidemics, environmental or climate anomalies. In case of force majeure, the Company will try to eliminate the delay in the provision of services in the shortest possible time.
Validity of the Terms of Use of the Website and Dispute Resolution Procedure
1. In the event that any of the clauses specified in the Terms and Conditions expires, it will not affect the validity of the other clauses of the Terms and Conditions.
2. The Company invites the User to resolve possible disagreements or claims by conducting mutual negotiations using one of the possible means of communication. See 15.4. point. The Company shall prepare a response to the User within 15 (fifteen) days from the date of receipt of the User’s claim.
3. Any disputes arising from or related to the Terms, the performance of the Distance Agreement, the services provided by the Company will be considered in accordance with the requirements specified in regulatory enactments.
  1. If the User who has purchased the Goods from the Company using the Website does not agree with the Company’s response to the written claim (Clause 15.2), then the User (individual, consumer) may submit his request / complaint regarding the Company’s Product purchased on the Website center to Consumer Protection Center (Brīvības Street 55, Riga, LV 1010, e-mail: pasts@ptac.gov.lv , phone: +371 65452554, fax: +371 67388634, at www.ptac.gov.lv.
4. Information on how to contact the Company can be found in the “Contacts” section of the website.

Prepared and approved in Salaspils on January 26, 2021.

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