TERMS AND CONDITIONS
Client Agreement
Version No 1: February 1st 2011
1. Scope of Agreement
Welcome to the website “artbag.lv” ("Site") - the site where custom-built handbags featuring your unique choice and collection handbags and accessories can be bought. The Site is managed by “ArtBag”, registered with the Commercial Register of Latvia (registration No. 4010327124, legal address: 4A Andrejostas Str, Riga, Latvia). „ArtBag” provides this Site to you (“Client”) subject to the terms and conditions contained in this document ("Agreement"). For the business relations between „ArtBag” and Client, exclusively the following standard terms and conditions of this Agreement shall apply in its valid version at the time of the Order as referred to in Section 4.1 below.
2. User Account, Password and Security
2.1. Upon completion of the registration process the user account name and password will be assigned to the Client. The Client is responsible for maintaining the confidentiality of the password and account, and is responsible for all activities that occur under the Client’s password or account. The Client agrees to (1) ensure that the Client exits from Client’s account at the end of each session; and (2) immediately notify „ArtBag” of any unauthorized use of the Client’s password or account or any other breach of security. „ArtBag” cannot and will not be liable for any loss or damage arising from the Client’s failure to comply with this Section of the Agreement.
2.2. In the light of protection of intellectual property rights „ArtBag” may terminate the accounts of user who appear to infringe the copyright or other intellectual property rights of others.
3. Rights and Obligations
3.1. In the course of using this Site, the Client is prohibited to publish, reproduce, copy, in whole or in part, or upload, download, post, email, sell, or otherwise distribute any materials including but not limited to text, graphics, logos, button icons, design for products, images, digital downloads, data compilations, and software available on this Site (“Content”). By uploading any Content, the Client represents and warrant that the Client has the lawful right to reproduce and distribute such Content and that the Content complies with all applicable statutory acts.
3.2. In Order to ensure the lawfulness of the operations „ArtBag” shall have the right in its sole discretion to reject or remove any Content that is made available via the Site. Upon placing the Client’s Order, Client acknowledges that „ArtBag” will review it and respective Content therein in Order to ensure that: (1) it is not unlawful, harmful, threatening, abusive, indecent or invasive of another's rights including but not limited to rights of intellectual property and privacy; and (2) it is compliant with the terms and conditions of this Agreement, as well as applicable statutory acts.
3.3. The Client acknowledges and agrees that „ArtBag” may retain Content and may also disclose Content if required to do so by law or in the good faith belief that such retention or disclosure is reasonably necessary to: (1) enforce this Agreement; (2) respond to claims that any Content violates the rights of third-parties; (3) comply with legal process; or (4) protect the rights and property of „ArtBag”, its users and the public.
4. Ordering, Conclusion of Sales Agreement
4.1. The Order of product(s) chosen by the Client and submitted via Internet to „ArtBag” (“Order”) is a binding offer to enter into a sales Agreement that Client has confirmed by clicking on the box “I agree to terms and conditions” that confirming that he/she is familiar with and accepts Site’s terms and conditions Agreement. The Client may Order the products from “ArtBag“s collection or custom-build his/her own bag with predefined designs and different choices of materials, handles, accessories that “ArtBag” offers on the Site. The Client must provide the details in the Order in full and correctly. Client takes full responsibility for the Oder details to be fully and correctly provided.
4.2. Upon receipt of the Order, „ArtBag” will confirm the receipt of the Order by e-mail. Such e-mail, however, shall not be considered acceptance of the offer. Necessary acceptance to constitute the sales agreement (Acceptance e-mail) will be sent after „ArtBag” has checked the possibilities to manufacture and deliver respective product. The Acceptance e-mail will be sent by „ArtBag” to the e-mail address indicated by the Client.
5. Pricing and Payments
5.1. All prices are quoted in Lats (LVL) or Euros (EUR) and include the respective statutory value added tax. „ArtBag” may change the prices and products from time to time. The shipping costs for some products are included in price, for some are not included in the quoted prices.
5.2. Clients makes the payment of the Order right after the Order has been processed or pays in cash at “ArtBag”’ office and only after the “ArtBag” has received the payment, the Order will be proceeded. If „ArtBag” has not received the payment within 15 business days after the Acceptance e-mail, „ArtBag” may revoke its acceptance to the Order.
5.3. The payments can be done by direct wire transfer to „ArtBag” upon respective Order information or by payment arrangement system provided by third party (e.g. PayPal, credit cards). The payments using the cash are accepted only at “ArtBag”’ office.
5.4. Payment is done only when the appropriate sum has been transferred into “ArtBag”’s bank account.
6. Delivery
6.1. The title and risk of loss for all products Ordered by the Client shall pass to Client on the moment when „ArtBag” hands over the Ordered product to the shipping service provider. The Ordered product(s) will be provided for delivery only after the Order is accepted by „ArtBag” and paid by the Client, unless „ArtBag” and the Client has agreed otherwise in written.
6.2. Unless agreed contrary, the delivery will be made from the premises of „ArtBag” (Riga, Latvia) to the delivery address provided by the Client in the Order. If not otherwise provided in the Acceptance e-mail, the Ordered product will be made ready for shipment:
6.3. If delivery to the Client turns out to be impossible due to the fact that the Client or any other person designated by the Client to accept the deliver cannot be found at the specified delivery address, although the Client was informed on delivery time with reasonable prior notice, the Client will be required to bear the costs for the unsuccessful delivery, as well as for the repeated delivery if requested so by the Client.
6.4. The shipping costs are dependant from the shipping destination and/or chosen carrier. The shipping costs and, consequently, the total purchase price will be provided to the Client in the final step of Ordering procedure. Shipment in the territory of Latvia is 3 LVL per 1 (one) item/product, and 5 LVL per two or more items/products. Shipping abroad is included in price or indicated separately depending on the region of recipient.
6.5. Product/s is shipped when Client receives it from the shipping service provider that “ArtBag” has delegated to execute the shipment process.
6.6. If Client has chosen to receive its Order in “ArtBag”’s premises, there are no rules for shipment that are mentioned above in force and no additional costs.
7. Data protection, Privacy Policy, Confidentiality
7.1. High level of security of payment transfers are assured by First Data and Swedbank in accordance with International Cards'organization and standard of PCI DDS (www.pcisecuritystandards.org). All Client’s personal data will be treated in confidential manner ensuring necessary safety, integrity and protection of the personal data. The data necessary for the processing of the transaction is stored and may be passed on to the involved third parties (e.g. transport companies) to the extent necessary for processing of the Client’s Order. Electronic data necessary for payment by credit card, in particular the credit card data itself, is not stored at any time.
7.2. Details of how „ArtBag” may use information the Client provide are set out in our Privacy Policy. By accepting this Agreement the Client expressly consents to „ArtBag”’s disclosure and use of the Client’s personal information as described in the Privacy Policy, which is incorporated herein by reference.
8. Correction of Errors and Inaccuracies
8.1. „ArtBag” undertakes no warranty that the information provided on the Site, including but not limited to the product listings and pricing is accurate, complete, or up-to-date. „ArtBag” reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after the Client has submitted the Client’s Order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. „ArtBag” also reserves the right to limit or restrict quantities of products (including after the Client has submitted the Client’s Order) for any reason.
8.2. „ArtBag” does not make any representations, warranties, conditions or other terms that (1) the Site or its content will meet the Client’s requirements, or (2) that operation of the Site or service will be uninterrupted, timely, secure, or error free, or (3) the quality of any products, services, information, or other material purchased or obtained by the Client through the Site will meet the Client’s expectations, or (4) that any defect can be corrected. The Client agrees that „ArtBag” shall have no responsibility for any damages suffered by the Client in connection with the Site or any content contained therein.
8.3. „ArtBag” does not make or grant and expressly excludes all representations and warranties in respect of merchantability, satisfactory quality or fitness for a particular purpose of the Site or product(s) provided by „ArtBag”.
8.4. “ArtBag” accents and directs its Clients to bear in mind that there might be slight variations in differences in colours may occur due different colour reproductions in the computer monitors
9. Warranty
9.1. In accordance with applicable statutory requirements „ArtBag” warrants that the purchased product(s) is produced in good quality, as well as is made of materials appropriate for reasonably expected purpose of the purchased product(s). The warranty period shall be 6 months from time of delivery of the product.
9.2. The said „ArtBag”’s warranty does not apply for the damages caused or resulted to the purchased product(s) due to: (1) improper transportation; (2) improper treatment, application or use; (3) intentional and/or constant negligence committed or tolerated by the Client; (4) chemical, electric or any other excessive impact of external environment and weather.
9.3. In the course of the warranty „ArtBag” shall ensure, at the Client’s choice, either a replacement of the purchased product(s), partly or full refunding if, after a reasonable number of tries, „ArtBag” is unable to repair the purchased product(s).
9.4. The Client must check the product for defects immediately after receipt. Hidden defects must be notified in writing to „ArtBag” immediately after discovery.
9.5. The given „ArtBag” warranty does not have any influence to the quality compliance period, granted for consumer by the applicable statutory acts (statutory warranty) and the Client – consumer - may request, at the Client’s discretion: (1) the elimination of the defect; (2) replacement of the Ordered product(s), if possible; (3) reduce the price; or (4) terminate this Agreement requiring the reimbursement of the incurred expenditures.
9.6. „ArtBag” accepts no liability for consequences to the purchased product(s) resulting from repair works which have been carried out incorrectly by the Client or any other third parties without „ArtBag” ’s explicit prior consent in writing.
9.7. Due to the specific requests of the Client the Ordered product(s) might be manufactured in individualized manner. Slight variations in colour and decorations are not considered bad quality of the purchased product(s). Differences in colours may occur due different colour reproductions in the computer monitors.
10. Rights of withdrawal
The Client - consumer - may withdraw from this Agreement without stating reasons within 2 weeks providing written (e.g. letter, fax, e-mail) withdrawal notice or by returning the Ordered goods. The period for withdrawal shall commence after the receipt of the purchased product(s).
Notice of the withdrawal should be sent to:
ArtBag, Ltd.
4a Andrejostas Str,
Riga, Latvia
LV - 1045
The notice of withdrawal can be sent via e-mail to the following e-mail address: info@artbag.lv
Consequences of the withdrawal
In the event of an effective withdrawal, the performances received by the Client and „ArtBag” respectively shall be returned to the opposite party and the Agreement is considered terminated. The Client shall return the purchased product(s) (if it/they are already delivered) to „ArtBag” to the following address within 7 days after the sending of the withdrawal Notice:
ArtBag, Ltd.
4a Andrejostas Str,
Riga, Latvia
LV - 1045
If the Client is not able to return the purchased product(s), either in whole or in part, or only in an impaired condition, the Client may have to pay the compensation. The Client has to bear the costs of the returning delivery.
The Client is liable for and is obliged to ensure the quality and safety of the delivered product(s) during the term of the withdrawal rights.
„ArtBag” is obliged to reimburse the payment received from the Client in case of valid withdrawal within 30 days after the Client’s Notice of the withdrawal has been sent.
End of the Notice
The rights of withdrawal does not apply to distance sale agreements for the supply of items that are custom-built by Client, prepared according to the Client specifications or items that are beyond doubt tailor-made to meet personal needs.
11. Force Majeure
11.1. „ArtBag” shall not be held liable to the Client nor be deemed to have defaulted under or breached the sales agreement for failure or delay in performing any obligation under this Agreement to the extent such failure or delay is caused by or results from causes beyond the control of „ArtBag” , including acts of God, fire, explosion, flood, drought, war, acts of war (whether war be declared or not), acts of terrorism, riots, strikes, lockouts or other labour disturbances, sabotage, embargoes or a national health emergency.
11.2. „ArtBag” undertakes to notify the Client of such force majeure circumstances as soon as reasonably practical and shall promptly undertake all reasonable efforts necessary to cure such force majeure circumstances to the extent practically possible. If „ArtBag” is unable to cure the force majeure event within 45 days, the Client may, upon written notice, terminate respective sales agreement. In such a case „ArtBag” will return the payments made by the Client less the money transfer expenses if any.
12. Miscellaneous
12.1. Any changes to the terms and conditions of this Agreement shall become valid only after both Parties as expressed their acceptance to such changes in writing (e.g. the Client accepts the changes by notice via Client’s user account).
12.2. The Client agrees to indemnify „ArtBag” from and against each and every liability, loss, damage, cost, penalty, fine or expense, including reasonable lawyers' fees that „ArtBag” may incur, suffer or be required to pay arising from the Client’s violation of any of the provisions of this Agreement.
12.3. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Latvia to the exclusion of the United Nations Convention on the International Sale of Goods.
12.4. In case any of the provisions herein be or become ineffective, the effectiveness of the remaining provisions shall not be affected thereby. The ineffective provision shall be replaced by a substitute arrangement which as closely as possible corresponds to the purpose intended with the ineffective provision.
By clicking “I agree to terms and conditions” under your Order procedure you are confirming that you have read, understood and accept the above mentioned terms and conditions of this Agreement.