1. GENERAL AGREEMENT
SIA Distribution Latvia, registration Nr. 45403024618, address: Stabu 105-47, Riga, LV-1009, Latvia, hereinafter referred to as Gentle Day provides the content and services subject to the following terms and conditions, our Delivery Policy, Returns Policy and other terms and conditions and policies which you may find throughout our Site in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these terms and conditions (collectively - Terms and Conditions). By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
Where the customer purchases cosmetics offered for sale on Gentle Day Website, hereinafter referred to as Goods, via the Internet, this mutual agreement shall be deemed a Distance Contract and will be subject to legal norms governing distance contracts, including but not limited to Directive No. 97/7/EEC of the European Parliament and of the Councilon the protection of consumers in respect of distance contracts, Consumer Rights Protection Law of the Republic of Latvia, Cabinet Regulation of the Republic of Latvian on Distance Contracts.
Gentle Day protects the fundamental rights and freedoms of natural persons, especially respect for privacy, in relation to the processing of personal data of natural persons according to Directive No. 95/46/EC of the European Parliament and of the Councilon the protection of individuals with regard to the processing of personal data and of the free movement of such data and the Law on the Protection of Personal Data of Natural Persons of the Republic of Latvia.
Gentle Day obtains personal data of the customer as this is necessary to provide the customer with the best service level and adequate access to Gentle Day Goods and to turn his/her attention to categories of goods that the consumer is most interested in. Your personal data helps us inform you about new products, sell-outs and events you may be interested in. In order to process your request and deliver the ordered goods, we require the consumer to provide the following information: customer's name, email address, phone number, address etc. Gentle Day does not request and does not process sensitive personal data.
Gentle Day never uses and shares the information obtained from you online, does not sell and lease consumer contact information to other market participants.
The information provided by the consumer helps Gentle Day provide services, process consumer requests, deliver goods and offer customer support.
Gentle Day is under obligation to disclose personal data to state and municipal officials in cases provided for by law, forced to disclose personal data of the consumer in cases where the law requires so.
Gentle Day takes all possible measures to ensure the safety of your personal information and to protect it against theft, loss, malicious use as well as unauthorized access, disclosure, modification and damage.
If the customer who has ordered and bought the product online does not have legal capacity and/or legal capacity to act, the lawful representative of this person (e.g., parents, guardians) shall be responsible for the ordering and the payment for the product. In this event, the order shall not be cancelled and the payment effected shall not be returned.
The consumer agrees that his/her personal data will be subject to processing.
3. PURPOSE OF THE SITE
This site is created and maintained to work efficiently as a business to customer communication platform, online sales platform for brand products as well as information source for all product and company related information.
4. PRODUCTS AND SERVICES FOR PERSONAL USE
The products and services available on the Site, and any samples thereof we may provide, are for personal use only. You may not sell or resell any of the services or samples you receive from us. Gentle Day reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
5. ACCURACY OF INFORMATION
We attempt to be as accurate as possible when describing our products on the Site. If the product related information (description, colors, etc.) has changed, Gentle Day cannot guarantee that at any given moment data posted on the webpage contains all the latest updates.
6. INTELLECTUAL PROPERTY
All information and content available on the Site, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content") is the property of Gentle Days and is protected by Republic of Latvia laws and other international laws governing intellectual property protection, including laws governing copyrights and trademarks. Our trademarks may not be used in any manner for any purpose without our express written consent.
The Goods – hygiene products sold by Gentle Day are not food products and cannot be used as food. Gentle Day has taken the steps required to ensure that the hygiene products sold by it, hereinafter referred to as Goods, cannot be mistaken in their design, and in particular in their form, scent, color, appearance, packing, labeling, volume or size, for a food product and does not pose a risk to consumer health and safety.
Gentle Day observes principles of good manufacturing practice in the production of cosmetics.
Gentle Day Goods consist of natural components included in the cosmetics and are safe for human life, health, environmentally friendly, and complies with the provisions of the Goods and Services Safety Law of the Republic of Latvia as well as with international regulations, including Directive No. 2001/95/EEC of the European Councilon general safety of products, Directive No. 87/357/EEC of the European Councilon the approximation of the laws of the Member States concerning products which, appearing to be other than they are, endanger the health or safety of consumers.
8. PRICING POLICY
Prices on www.gentleday.lv are all in EUR and VAT inclusive. Although we try to always keep our prices updated we cannot guarantee that the prices displayed at the time you submit your order are the correct prices applicable to the products at that time. If we receive an order from you indicating different price than that on the website at that time, we will contact you and offer a chance to cancel your order. If we fail to contact you on short notice, your order will automatically be treated as cancelled and you will receive a full refund of any payments made with regard to the particular order.
All prices are subject to VAT tax or other sales taxes where applicable. Depending on delivery destination and order amount your order may be subject to additional shipping charges which will be clearly indicated before you have to submit they payment and included in the total order cost.
All duties and taxes required to be paid to receive the shipment in your delivery destination are to be paid by You. Kiwi Cosmetics is not required to inform you about any such duties or taxes at any time before or after you have placed an order on www.gentleday.lv.
9. DELIVERY POLICY
All our deliveries are handled with proven track record of reliability and speed.
10. RETURNS POLICY
Returns of ordered and delivered orders are handled on case by case basis following simple procedures.
In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to Gentle Day and our partners.
11. THIRD PARTY LINKS
We are not responsible for the content of any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all other websites that you visit.
12. LIMITATION OF LIABILITY
You agree that, fully according to applicable law, Gentle Day will not be responsible or liable (whether in contract, negligence or otherwise), under any circumstances, for any interruption or error occurring from your use of the Site.
You agree that, fully according to applicable law, Gentle Day will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the Site; (c) data non-delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the site; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites (f) any inaccuracies or omissions in content or (g) events beyond our reasonable control.
Gentle Day will not be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the Site or your use thereof (or inability to use the site) regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages.
13. COPYRIGHT COMPLAINTS
All contents of this Site, correspondence (email or postal) as well as marketing materials used to promote the site on third party resources are property of Gentle Day. Reproduction or republishing of any part or all of contents is prohibited except for the following purposes:
Licence to copy for private use:
You are free to make copies or print parts of contents for reasonable personal use.
Licence to copy or republish for limited use:
You are free to make copies of the material in print as well as digital for third party to use, only if you identify Gentle Day Site as the source of the contents and materials adding a top level URL to any of these copies which are republished. Also you have to inform any third party that you share these copies with, that in the event of republishing any such copies the source for all the materials should be indicated as Gentle Day Site, with a top level URL.
You agree to indemnify, defend and protect us from any harm, losses, damages or costs as well as attorney fees resulting from any third party claim, action or demand resulting from your breach of these terms and conditions, any errors in any of your representations or warranties or your use of this site.
With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of Republic of Latvia, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Latvia.
The agreeing parties acknowledge here that they will try to settle any disputesrelating in any way to your visit to the Site orarising from execution, interpretation or termination of this Distance agreement through mutual negotiations.
If parties are unable to settle the arising disputes through peaceful mutual negotiations, all disputes, disagreements or claims shall be settled by courts of the Republic of Latvia, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licencors, we may seek an appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court.
The parties have agreed on the venue and procedure for dispute resolution according to the provisions of Regulation No. 953/2008 of the European Parliament on the law applicable to contractual obligations (Rome I).
16. CONSENT TO RECEIVE NOTICES VIA EMAIL
By accepting these Terms and Conditions you consent to receive notifications, agreements, order updates and other communications (collectively „notifications”) from us electronically via e-mail or by postal service. You agree that any notifications sent to you via e-mail or postal services comply with rules and regulations applicable to such communication in writing. If you do not agree to receive notification from this Site, please discontinue the use of the website and its services as Gentle Day can not provide full service to users that can not receive notifications from the Site.
You agree that these Terms and Conditions represent the complete and up to date agreement between You and Gentle Day, regarding your use of this Site and any of its contents.
Gentle Day has the right to edit and update these terms at any time posting these changes on the Site and indicating any such change by posting a date of the latest update. Any changes applied to Terms and Conditions are effective immediately as they are posted. You agree that by continuing to use the site after any such changes have been applied constitutes your agreement to all changes. Gentle Day reserves the right to terminate or withdraw any rights granted by these terms and conditions. You are required to comply with any such withdrawal or change immediately as applicable, including, if required, ceasing all use of this site.
No part of these terms should be interpreted as creating any kind of partnership or other form of joint venture between you and Gentle Day. An occasion where Gentle Day fails to enforce your performance according to these terms and conditions shall not affect our full right to require such performance at any time before or after. In the event where any provision of these terms and conditions shall be unenforceable or invalid under any applicable law or is ruled to be unenforceable by any applicable arbitrary institution or court decision, such unenforceability or invalidity shall not render these terms and conditions invalid or inapplicable as a whole. In turn these terms and conditions shall be modified, to the extent possible, according to any applicable law in a way to fully reflect the original intent of the parties as was intended in original terms and conditions.
18. FORCE MAJEURE
Gentle Days shall not be held responsible for any delays, failures to fulfill obligation or any other failures that occurred due to circumstances and obstacles that are beyond our reasonable control, which include but are not limited to strikes, governmental actions, wars or national emergencies, terrorism threats or acts of terrorism, environmental or climatic anomalies, failure of performance by a third party, internet connection issues as well as hardware and software malfunction. In the event that any such force majeure occurs we will try to eliminate the delays in the shortest time possible.