These general terms and conditions apply in the version valid at the time the contract is concluded for all business relationships between us (sia samTools, Mālupe street 8, Alūksne, LV-4301, Latvia) and you. Should you use conflicting general terms and conditions, these are hereby expressly contradicted.
1.2 Contract agreement
The contract language is English.
1.3 Conclusion of contract
The presentation of the range in our online shop is initially subject to change and non-binding. The ordering process consists of a total of two steps. In the first step you select the desired goods. In the second step, enter your data including the billing address and, if applicable, a different delivery address. The payment method you want is initially only noted by us. You will receive an invoice by email in spring. You then have to pay with the selected payment method. Correcting input errors before you confirm your order by clicking on the "confirm order" button. With the order you declare your binding contract offer. samTools ltd. will immediately confirm receipt of the customer's order. The confirmation of receipt represents the binding acceptance of the order. With the acceptance, a contract between samTools ltd. and the customer is concluded.
1.4 Storage of the contract text
The text of the contract is saved by us and sent to you in text form (e.g. email, fax or post) after your order has been sent, along with the present terms and conditions and customer information. However, you can no longer call up the contract text via the website after you have sent your order. You can use the browser's print function to print out the relevant website with the text of the contract.
2.1 Part deliveries
We are entitled to make partial deliveries if this is reasonable for you. In the case of partial deliveries, however, you will not incur any additional shipping costs.
2.2 Delivery and service delays
Delivery and service delays due to force majeure and due to extraordinary and unforeseeable events, which we cannot prevent even with extreme care and which we are not responsible for (this includes in particular strikes, official or judicial orders and cases that are incorrect or improper Self-delivery in spite of the covering transaction), entitle us to postpone the delivery for the duration of the obstructing event.
2.3 Exclusion of delivery
Post office box addresses are not supplied.
2.4 Delay of acceptance
If the customer is in default with the acceptance of the ordered goods, samTools ltd. Is entitled to withdraw from the contract after setting a reasonable grace period and to claim damages for default or non-performance. During the delay in acceptance, the customer bears the risk of accidental loss or accidental deterioration. This does not apply in the event that the customer exercises his statutory right of withdrawal by not accepting the goods.
2.5 Performance time
Unless expressly agreed otherwise, we will deliver within 10 days. The dahlia bulbs will not be dispatched until spring (probably March). In the case of prepayment, the start of the delivery period is the day after the payment order has been issued to the transferring bank. The deadline ends on the following seventh day. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the period ends on the next working day.
3.1 Prices and shipping costs
All prices include sales tax. In addition, there are separately shown costs for packaging and shipping, unless collection by you at our place of business has been agreed.
3.2 Late payment
You are in default of payment if we do not receive the payment within 10 days of receiving the invoice. In the event of default in payment, interest will be charged at 5 percentage points above the base rate of the European Central Bank, or 9 percentage points above the base rate of the European Central Bank for legal transactions in which a consumer is not involved. Should you fall into arrears with your payments, we reserve the right to charge reminder fees of 2.50 euros. The assertion of further damages remains unaffected. You have the option to prove that we suffered no or less damage.
3.3 Right of retention
You are only entitled to assert a right of retention for counterclaims that are due and are based on the same legal relationship as your obligation.
4. Cancellation policy for consumers in the case of distance contracts
Right of withdrawal
Right of withdrawal
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods / the last goods.
To exercise your right of withdrawal, you must inform us (samTools ltd., Mālupes street 8, LV-4301, Latvia, email: [email protected]) by means of a clear declaration (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but this is not mandatory.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods.
You have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the consumer's personal needs. There is also no right of cancellation for contracts for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded.
5. Retention of title
The delivered goods remain our property until the purchase price has been paid in full. You must treat the goods that are subject to simple retention of title with care at all times. You assign to us a claim or replacement that you receive for the damage, destruction or loss of the goods delivered. If you behave contrary to the contract, especially if you are in default of payment, we are entitled to take back the purchased item. In this case, taking back the item does not constitute withdrawal from the contract, unless we expressly declare this in writing.
Statutory warranty rights apply to all goods from samTools ltd. in this shop
No guarantee is given. The legal warranty right applies. Plants are easily perishable. The burden of proof for the existence of the prerequisites for this exclusion bears samTools ltd
6.2 Warranty claim
A warranty claim can only arise with regard to the properties of the goods; reasonable deviations in the aesthetic properties of the goods are not covered by the warranty claim. A warranty claim does not exist in the event of improper handling of the goods by the customer
6.3 Transfer of risk
The risk of accidental loss or deterioration of the goods sold does not pass to the customer until the goods are handed over.
If the customer realizes that the outer packaging arrives damaged or after receipt of the goods finds damage, samTools ltd. asks the customer to notify us. However, there is no obligation to provide such notification, nor are the consumer's warranty rights affected by failure to provide notification.
6.5 Supplementary performance
If the goods are defective, the customer can choose to request subsequent performance in the form of subsequent improvement or subsequent delivery. If defects are not rectified even after two attempts at improvement, the customer is entitled to withdraw from the contract or to reduce the price.
6.6 Rights in the event of minor defects
If there is only an insignificant defect, the customer is only entitled to a reasonable reduction in the purchase price, excluding the right of withdrawal.
6.7 Compensation for defects
No guarantee is given for damage caused by improper handling or use of the goods. samTools ltd. only pays compensation for defects in the goods in the event of willful intent or gross negligence. This exclusion does not affect liability for damage to life, limb or health. The provisions of the Product Liability Act remain unaffected by the disclaimer.
6.8 Guarantee to entrepreneurs
Contrary to the statutory warranty regulations, the following provisions apply to entrepreneurs: In the event of a defect, samTools ltd. provides supplementary performance in the form of removal of the defect or a new delivery at its own discretion. The risk of accidental loss or deterioration of the item is transferred to the person assigned to transport it when the item is handed over. Warranty claims expire within one year after the transfer of risk so determined.
6.9 Obligation to notify entrepreneurs
Entrepreneurs must immediately report obvious defects in writing; Otherwise the assertion of warranty claims is excluded. Deadline is sufficient for the timely dispatch. The entrepreneur bears the full burden of proof for all claim requirements, in particular for the defect itself, for the time at which the defect was discovered and for the timeliness of the notification of defects.
7.1 Disclaimer of liability
We as well as our legal representatives and vicarious agents are only liable for intent or gross negligence. Insofar as essential contractual obligations (consequently those obligations, compliance with which is of particular importance for the achievement of the contractual purpose) are affected, liability is also assumed for slight negligence. The liability is limited to the foreseeable, contract-typical damage. We are only liable towards entrepreneurs in the event of a grossly negligent breach of non-essential contractual obligations in the amount of the foreseeable, contract-typical damage.
7.2 Reservation of liability
The above disclaimer does not apply to liability for damage resulting from injury to life, limb or health. The provisions of the Product Liability Act also remain unaffected by this exclusion of liability.
8. Final provisions
8.1 Place of jurisdiction
Our place of business is agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract, provided you are a merchant, a legal entity under public law or a special fund under public law.
8.2 Choice of law
Unless mandatory statutory provisions according to your home law conflict, latvian law applies as agreed, excluding the UN sales law.
8.3 Consumer dispute settlement process
The EU Commission has created an internet platform for the online settlement of disputes relating to contractual obligations from online contracts (OS platform). You can reach the OS platform under the following link: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to take part in a dispute settlement procedure before a consumer arbitration board.
8.4 Severability clause
The ineffectiveness of individual provisions does not affect the validity of the remaining general terms and conditions.