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Distance Contract and Terms of Use

Distance Contract

This distance contract (hereinafter - the Contract) has been concluded between the owner of online shopping site www.ibode.lvm.lv (hereinafter - the Online Store) joint stock company “Latvijas valsts meži”, registration No. 40003466281, legal address: 1 Vainodes Street, Riga, LV-1004, phone 67610015, e-mail: lvm@lvm.lv (hereinafter - the Seller) and a natural or legal person (hereinafter - the Buyer) who expresses a desire to purchase, places an order and makes a purchase in the Online Store. The Contract shall apply to all orders and purchases made in the Online Store when purchasing decorative coniferous trees/shrubs, decorative deciduous trees/shrubs and forest seedlings (hereinafter - the Goods). Information about each item of the Goods, its description and price is available in the Online Store in the relevant section of the Goods.


Special Provisions

If the Contract is concluded with a natural person, it shall be considered a consumer and the Cabinet Regulations No. 255 of May 20, 2014 "Regulations on Distance Contracts” shall be applied to the Contract. 
If the Contract is concluded with a legal person, it shall be considered a consumer and the Cabinet Regulations No. 255 of May 20, 2014 "Regulations on Distance Contracts” shall not be applied to the Contract.

 

General Provisions

1.    Conclusion of the Contract.
1.1.    The Buyer shall order, purchase and pay, and the Seller shall sell and deliver (if applicable) the Goods available in the Online Store in accordance with terms of this Contract.
1.2.    Ordering the Goods shall be considered as the Buyer's offer to the Seller to conclude this Contract on purchase of the ordered Goods and the Buyer's consent to purchase the ordered Goods at the specified price.
1.3.    The Buyer shall order the Goods by filling out the relevant order form in the Online Store. Mandatory data fields must be filled in the order form. The Buyer shall undertake to provide accurate information and inform the Seller of any changes:
1.3.1. If the Goods are decorative coniferous trees/shrubs and decorative deciduous trees/shrubs - no later than within 24 hours from the moment of receiving an order confirmation by writing to e-mail ibode@lvm.lv;
1.3.2. If the Goods are forest seedlings - until the beginning of the season for receiving seedlings by writing to e-mail mezastadi@lvm.lv.
1.4.    The Contract shall be considered concluded from the moment:
1.4.1. If the Goods are decorative coniferous trees/shrubs and decorative deciduous trees/shrubs - when the Buyer has placed an order in the Online Store and has paid for the Goods;
1.4.2. If the Goods are forest seedlings - when the Buyer has received an order confirmation from the Seller. 
1.5.    When placing an order, the Buyer shall confirm that he has familiarized himself with the Contract and its terms, that he knows and understands them and that he fully agrees with them. The Buyer shall confirm that he will familiarize himself with terms of the Contract every time he makes a purchase. The Buyer shall not be entitled to order the Goods in the Online Store if he has not familiarized himself with terms of the Contract, or has not made a relevant mark, or does not agree with them.
1.6.    The Seller shall be entitled to restrict the Online Store services used by the Buyer or cancel the Buyer's registration without notice, if the Seller believes that the Buyer by using the Online Store violates or may violate terms of the Contract, tries to harm the Seller, operation or security of the Online Store, or third parties.
1.7.    When ordering the Goods, it should be noted that its actual appearance may differ from appearance in the Online Store photos. Seedlings also look different in different seasons, for example, deciduous trees and shrubs are leafless in the spring until the leaves bloom.

 

2.    Order execution.

Procedures for placing, executing and paying orders for decorative coniferous trees/shrubs and decorative deciduous trees/shrubs:
2.1.    The Buyer can place orders 24 hours a day, but the Seller shall process orders on working days from 9:00 a.m. to 5:00 p.m. The Seller shall send a confirmation of order acceptance to the Buyer by e-mail. If the Buyer receives no e-mail confirmation, the order has not been accepted. 
2.2.    Execution of the order shall start when the Seller has confirmed the order.
2.3.    The order execution period is up to 5 (five) business days from the day of order confirmation. In some cases, orders of certain categories of goods may take longer than 1 (one) week (e.g., when delivered outside the territory of Latvia).
2.4.    The Buyer shall pay for the Goods in the Online Store with a payment card or via Internet Bank.
2.5.    The purchase price shall be considered received at the moment when the purchase price has been credited to the Online Store's current account.
2.6.    When ordering the Goods - decorative coniferous trees/shrubs and decorative deciduous trees/shrubs, the following methods of delivery and receipt are possible: 
2.6.1.    Omniva parcel locker;
2.6.2.    Omniva courier;
2.6.3.    To pick up the goods at the nursery (Kalsnava tree nursery, 7 Parupes Street, Jaunkalsnava, Kalsnava Parish, Madona District, LV-4860).
2.7.    The Buyer shall be responsible for providing correct data, otherwise delivery of the Goods is not guaranteed.
2.8.    In cases where the Goods will be delivered by a courier, the delivery time of the Goods shall be agreed before delivery.
2.9.    After receiving the Goods, on the day of receiving the Goods, the Buyer shall check compliance of the Goods with the ordered Goods and the ordered quantity, and quality of the Goods. If the Buyer finds that the Goods and/or their quantity does not comply with the order, the Buyer must immediately, no later than on the day of receipt of the Goods, inform the Seller about that in one of the following ways:
2.9.1.    You must describe the non-compliance found in an e-mail letter, if necessary with the addition of photos, that must be sent to ibode@lvm.lv, or
2.9.2.    You must describe the non-compliance found by filling out the application at the site of the Nursery where the Goods were issued. 
If the Buyer has not used or has not followed the notification procedure specified herein, it shall be considered that the Goods and/or their quantity and/or quality are in compliance with the order. The Seller shall inspect the conditions specified in the notification provided herein within 10 (ten) days from its receipt and contact the Buyer to find a solution to the situation.
2.10.    The Buyer shall be obliged to ensure that the person specified in the order is at the address specified in the order at the time of delivery of the Goods and accepts the Goods without delay.
2.11.    If the Buyer has failed to fulfil Clause 2.10 of the Contract, the Seller shall not be responsible for any losses of the Buyer, while the Buyer shall cover costs and losses incurred by the Seller with the delivery or return of the Goods. The Seller shall be entitled to withhold compensation for expenses and damages from the amounts paid by the Buyer, if the Buyer has not accepted the Goods or due to circumstances beyond the Seller's control, the Goods have not been delivered to the Buyer and have been returned to the Seller.


Procedures for placing, executing and paying for orders for orders of forest seedlings:

2.12.    The Buyer can place orders 24 hours a day, but the Seller shall process it on working days from 08:30 a.m. to 5:00 p.m. The Seller shall send a confirmation of order acceptance to the Buyer by e-mail, or, if necessary, contact the Buyer and agree on changes to the order.
2.13.    Execution of the order shall start when the Seller has confirmed the order.
2.14.    The Seller shall inform the Buyer about payment procedure for the order, progress of the order and the deadline.
2.15.    The Buyer shall make a payment in one of the following ways:
2.15.1.    With advance invoice;
2.15.2.    In the relevant tree nursery on the day of receipt of seedlings;
2.15.3.    With a payment-after-delivery invoice (if a payment after delivery is possible according to LVM internal regulatory enactments).
2.16.    Distribution of forest seedlings takes place in the tree nursery during spring and autumn seedling sales season. The Buyer shall agree on the date of receipt of the forest seedlings with the representative of the relevant tree nursery.
2.17.    Forest seedlings can be received locally only at the respective tree nursery where the seedlings were grown (Jelgava, Kalsnava, Pļaviņas, Podiņi, Pope, Mazsili, Mežvidi, Smiltene, Strenči or Valmiera tree nursery). If the Buyer pays for the Goods in accordance with Clause 2.15.1 or Clause 2.15.2 of the Contract, payment must be made in full in order to receive the Goods. 
2.18.    After receiving the Goods, on the day of receiving the Goods, the Buyer shall check compliance of the Goods with the ordered Goods and the ordered quantity, and quality of the Goods. If the Buyer finds that the Goods and/or their quantity does not comply with the order, the Buyer must immediately, no later than on the day of receipt of the Goods, inform the Seller about that and describe non-compliance found by filling out the application at the site of the nursery where the Goods were issued. If the Buyer has not used or has not followed the notification procedure specified herein, it shall be considered that the Goods and/or their quantity and/or quality are in compliance with the order.

 

3.    Purchase price and shipping cost of the Goods

3.1.    In the Online Store, all prices of the Goods shall be indicated including the value added tax specified in the laws and regulations. Invoice shall be prepared electronically and valid without a signature. By choosing one of the ways of delivery of the Goods specified in Clauses 2.6.1 and 2.6.2 of the Contract, the Buyer shall additionally pay the shipping cost of the Goods. Shipping costs of the Goods, if applicable, shall be calculated and applied at checkout.
3.2.    If the Goods are offered at the price of a special offer (promotional price), the said offer shall be valid for the period specified on the Goods.

 

4.    Right of withdrawal

4.1.     The Buyer who is a consumer (the right of withdrawal shall not apply to legal persons) shall be entitled to unilaterally withdraw from the Contract within 14 (fourteen) days from the day of receipt of the Goods, if the Goods have not been used within these 14 (fourteen) days. The right of withdrawal shall not apply to Goods that are forest seedlings taking into account that they are considered perishable goods in accordance with Article 22.4 of the Cabinet Regulations No. 255 of May 20, 2014 "Regulations on Distance Contracts”. 
4.2.    In order to exercise the right of withdrawal, the Buyer must inform the Seller of the decision to withdraw from the Contract by sending an e-mail to the Seller: ibode@lvm.lv with a correctly completed withdrawal form (a sample form is available here) or must be submitted/returned to the Nursery together with the Goods (Kalsnava tree nursery, 7 Parupes Street, Jaunkalsnava, Kalsnava Parish, Madona District, LV-4860) no later than 14 (fourteen) days after the day of sending the withdrawal.
4.3.    To arrange the return of the Goods, please contact the Seller by e-mail: ibode@lvm.lv by specifying the order number and date.
4.4.    When exercising the right of withdrawal, the Buyer shall be obliged to return the Goods to the Nursery within 14 (fourteen) days after sending/handing over the written withdrawal (Kalsnava nursery, 7 Parupes Street, Jaunkalsnava, Kalsnava Parish, Madona District, LV-4860). All expenses incurred in connection with sending/returning the Goods to the Seller shall be borne by the Buyer.
4.5.    If the Buyer exercises the right of withdrawal in time (Clause 4.2, 4.4 of the Contract), this Contract shall be terminated and the Seller shall refund the payments received from the Buyer for the Goods to the Buyer no later than within 14 (fourteen) days after the acceptance of the Goods. When exercising the right of withdrawal, the shipping cost of the Goods shall not be refunded to the Buyer.
4.6.    The refund will be made by using the same means of payment that the Buyer used for the original transaction, unless the Buyer has expressly expressed a desire to do otherwise.
4.7.    The Seller shall not be responsible for errors or non-compliance of the details submitted by the Buyer with the Buyer's data, and the purchase price of the Goods refunded to another person or to another payment account shall not be refunded again to the correct Buyer's payment account.
4.8.    The Buyer shall be responsible for maintaining quality and safety of the Goods in case of exercising the right of withdrawal. This means that the Goods must not be used, their original packaging must be perfectly preserved.
4.9.    The Online Store shall reserve the right to withhold a compensation or refuse to accept the Goods that are used, damaged, not complete, or have otherwise lost their original appearance.

 

5.    Liability and dispute resolution

5.1.     The Seller and the Buyer shall be liable responsible to each other for non-fulfilment or unduly fulfillment of the obligations stipulated in the Contract, and they shall undertake to compensate each other for damages caused due to their culpable actions.
5.2.    If the Buyer is a natural person, the Seller shall be responsible for any non-compliance existing on the day of delivery of the Goods that is found within two years from the day of delivery of the Goods. If non-compliance of the Goods with terms of the Contract is found within one year after delivery of the Goods, it shall be considered that it was present at the time of delivery of the Goods, except when such an assumption contradicts the nature of the Goods or type of non-compliance.
5.3.    Any dispute arising from the Contract concerning it or its breach will be resolved in accordance with the laws and regulations. Please submit a complaint electronically by sending it to the e-mail address: ibode@lvm.lv (if the Goods are forest seedlings - to e-mail address: mezastadi@lvm.lv) or in writing by sending to: 4 Parupes Street, Jaunkalsnava, Kalsnava Parish, Madona District, LV-4860 (if the Goods are forest seedlings - in writing by sending to: 4 Parupes Street, Jaunkalsnava, Kalsnava Parish, Madona District, LV-4860). Complaints will be considered within 30 (thirty) days from the date of receipt of the complaint and a response will be sent to the contact address specified in the complaint. 
5.4.    If the dispute is not resolved in an amicable way within 30 (thirty) days, the dispute may be referred to the court of the Republic of Latvia for resolution in accordance with applicable laws and regulations of the Republic of Latvia.
5.5.    If the Seller recognizes the complaint submitted by the Buyer as unfounded, while the Buyer does not agree to the recognition of the complaint as unfounded or the Buyer is not satisfied with the solution to the dispute offered by the Seller, the Buyer shall be entitled to use the alternative dispute resolution options provided in the Consumer Rights Protection Law of the Republic of Latvia or to appeal against the Seller in the court of the Republic of Latvia by jurisdiction in accordance with effective laws and regulations in the Republic of Latvia. 
 Description of the dispute resolution process is available here

 

6.    Processing of Personal Data

6.1.    When entering the necessary information, placing the order, the Buyer shall confirm that he is familiar with and agree that the data provided by him is used so that the Online Store can accept the Buyer's order and deliver the Goods, if applicable, in accordance with requirements of laws and regulations. 
6.2.    When entering the information, the Buyer shall agree that notifications related only to processing and execution of the Buyer's order will be sent to the e-mail indicated. 
6.3.    In order to ensure processing and execution of the order, the Online Store will process the following data: name, surname, personal identification number (if the Goods are forest seedlings and the Buyer is a natural person), delivery address (if the Goods are decorative coniferous trees/shrubs and decorative deciduous trees/shrubs and the Buyer has selected the way of delivery (Omniva courier) specified in Clause 2.6.2 of the Contract)), contact details (phone, e-mail). The Online Store shall not request or collect information about a person that is not necessary to achieve a specific purpose.
6.4.    The Buyer shall agree to receive information from the Online Store www.ibode.lvm.lv about various types of news (news, special offers and discounts), if the user as a data subject has given free and explicit consent. 
6.5.    The Seller shall comply with the Regulation (EU) of the European Parliament and the Council 2016/679 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 (the General Data Protection Regulation) and effective laws and regulations of the Republic of Latvia in the field of personal data protection.
6.6.    Additional information on data processing is available in the Privacy Policy: Privacy Policy.


Terms of Use

1.    Terms and abbreviations used
1.1.    Authentication – an electronic process during which the identity of a natural person is verified.
1.2.    Online Store – www.ibode.lvm.lv online shopping site.
1.3.    User – a natural person who uses the Online Store in accordance with these terms.
1.4.    LVM – joint stock company "Latvijas valsts meži", registration number 40003466281, legal address: 1 Vainodes Street, Riga, LV-1004, Latvia.


2.    Rights and Obligations of the User
2.1.    The User of the Online Store shall be entitled:
2.1.1.    To use the Online Store to buy decorative coniferous and deciduous trees and shrubs and forest seedlings;
2.1.2.    To receive informative support in using the Online Store;
2.1.3.    To provide recommendations for improving operation of the Online Store.
2.2.    The User of the Online Store shall be obliged:
2.2.1.    To familiarize himself with and comply with these Terms of Use;
2.2.2.    To familiarize himself with and comply with the Privacy Policy: Privacy Policy;
2.2.3.    To provide only true information and update it according to changes;
2.2.4.    To carefully store and protect means of authentication with which it is possible to access the Online Store, so that they do not come into the possession of third parties;
2.2.5.    To use only secure and protected devices to access the Online Store;
2.2.6.    Not to perform actions directed against security, integrity or availability of the Online Store and information contained therein;
2.2.7.    To inform LVM about malfunctions of the Online Store or detected errors that occurred during the use of the Online Store.


3.    Rights and obligations of LVM

3.1.    LVM shall be entitled:
3.1.1.    To make changes to functionality of the Online Store by adding or reducing it;
3.1.2.    To make changes to the Terms of Use;
3.1.3.    To collect and process information obtained in the Online Store;
3.1.4.    To contact the User to clarify or request additional information about information submitted in the Online Store;
3.1.5.    To deactivate the User's access rights to the Online Store if the User does not comply with the Terms of Use. 
3.2.    LVM shall be obliged:
3.2.1.    To ensure operation of the Online Store in accordance with the Terms of Use;
3.2.2.    To provide protection and monitoring of the Online Store;
3.2.3.    To provide processing of information in the Online Store in accordance with the requirements of laws and regulations.


4.    User Registration

4.1.    To register in the Online Store, you must specify: first name, last name, e-mail, password.
4.2.    The e-mail address specified by the User will be registered as a username.
4.3.    The minimum password length is nine characters. It is recommended to use upper and lower case letters, numbers and special characters.
4.4.    It is recommended to change the password regularly, at least once every ninety days. You can change your password by clicking l"Change password" link (under "My profile", "Profile information").
4.5.    If you forget your password, you can reset it by clicking "Forgot password" link and entering your email address. A link to change your password will be sent to your email address.
4.6.    The user account can be deleted by sending a request to the Customer Service employee of the Online Store to e-mail address: ibode@lvm.lv.

 
5.    How to use

5.1.    The Online Store shall be for the purchase of decorative coniferous and deciduous trees and shrubs and forest seedlings.
5.2.    The Online Store can be used by both a registered or unregistered User. The Registered User can view orders of decorative coniferous and deciduous trees and shrubs and forest seedlings made by him in his profile, as well as save the interested Goods in the wishlist.
5.3.    The Online Store shall be available 24 hours a day, except for maintenance, service and improvement work.
5.4.    Support for the use of the Online Store for the purchase of decorative coniferous and deciduous trees and shrubs is available by sending a question to the e-mail address: ibode@lvm.lv or calling +371 22024426 (on working days from 9:00 a.m. to 5:00 p.m.); for the purchase of forest seedlings - by sending a question to the e-mail address: mezastadi@lvm.lv or by calling +371 22034102 (on weekdays from 8:30 a.m. to 5:00 p.m.).

 

Effective from 19.04.2021 with amendments approved on 22.05.2024.

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