TERMS OF USE

 

  1.                   Definitions and general provisions

1.1.            Upon using the web portal www.viinahuuto.com, the following definitions in the following meaning shall be used:

1.1.1.      Portal – the web environment at www.viinahuuto.com administered by the Administrator and containing numerous and different variety of offers for the sale of alcoholic drinks, soft drinks, snacks and other items shown on webpage (hereinafter jointly referred as Product);

1.1.2.      Administrator– company that sells and/or offers goods and/or services through web portal;

1.1.3.      User– user of the Portal who is a natural person at least 18 years of age, user of the Portal from Sweden has to be at least 20 years old;

1.1.4.      Personal Data– the data generated about the Users by the Portal upon providing Services, including the given name and surname, date of birth and/or personal ID code, gender, age, contact details and other information which has been received during the use of Portal and can be associated with the specific User;

1.1.5.      Services – the offers disclosed by the Administrator at the Portal for purchasing Products, on the basis of which the User can conclude sales contracts with the Administrator in order to purchase Products for the price indicated at the Portal;

1.1.6.      Terms of Use – the user terms established by the Administrator for the use of the Portal which are applicable upon using the Portal and in the respective communication between the parties. The Terms of Use regulate the legal relations between the User and the Administrator upon using the Portal and form an inseparable part of any agreements between the User and the Administrator arising from the use of the Portal.

1.1.7.      Contract – the sales contract concluded between the User and the Administrator in order to purchase the Products presented at the Portal providing the User with an opportunity to obtain the Product for the price as referred at the Portal;

1.1.8.      Inactive Account– the Administrator is considering as inactive an account that has not been used by the User for 12 months.

1.1.9.      Other Person– any person submitting an order at the Portal without registration as a User, i.e.completing the purchase as a Portal guest and being at least 18 years of age.

 

  1.                   Use of the Portal

2.1.            Before using the Portal, the User is obliged to carefully examine the Terms of Use and adhere to the terms upon using the Portal. The Administrator has the right to amend the Terms of Use unilaterally at any time. If the User is submitting an order before the enforcement of the amendments, the conditions that were valid at the time of submitting the order shall apply.

2.2.            For using the Portal, a person can be registered as a User. The User is ensuring that the data disclosed and entered to the Portal is accurate, correct, complete and relevant. Upon registering as a user, the User is ensuring to be at least 18 years of age.

2.3.            Upon registering as the Portal User, it is necessary to select username and password. The User is obliged to keep the codes and passwords required for the use of the Portal confidential in such manner that the data would not be accessible to third parties. If the User is violating the obligation above, the User shall be jointly and severally responsible for the damage caused to the Administrator by third parties due to the violation of the obligation.

2.4.            If the User has a doubt that the password may have been obtained by third parties, the User is obliged to immediately notify the Administrator and change the password.

2.5.            The User accounts of the Portal are personal, i.e. the User is not permitted to disclose the respective data to third parties for the purchase of the Services. Concurrently the User may be logged in via one account.

2.6.            Upon using the Portal, any activities that disturb or impede the provision of Services to the Users via the Portal, including unreasonable or disproportionate loading of the Portal, are not permitted. The Administrator considers the use of any malware for the submission of orders to be unreasonable or disproportionate loading of the Portal.

2.7.            The information entered and/or disclosed by the User to the Portal may not include viruses or other IT programs or files that disturb, harm or otherwise disrupt the normal use of the Portal and/or as a result of using the Portal may be saved in the computer of other Users and/or disturb, harm or otherwise disrupt the normal functioning of the Portal.

2.8.            The Administrator has the right to temporarily or ultimately close the account of the User if the User has ignored the obligations provided in the Terms of Use or if law has been violated via the User account. The Administrator has the right to close Inactive Accounts.

2.9.            The Administrator has the right to develop and update the Portal, including to develop of the software required for the functioning of the Portal in order to provide the Users with the best service. The Administrator may amend the form of invoices issued by the Administrator (including specifications and/or explanations to the invoices regarding the character of the Services). Upon revision of invoices at the Portal, the Portals automatically and repeatedly generating the invoice according to the requirements set by the Administrator. By consenting to the Terms of Use and using the Portal, the User and the Other Person warrants that the nature and form of the Services received via the Portal may change from time to time and the User or Other person fails to have any claims or complaints against the Administrator.

 

  1.                   Orders

3.1.            The photos and prices of the Products have been disclosed at the Portal, which can be handled as the proposal for making an offer. Regarding the Products disclosed at the Portal, the sales contract are considered to be concluded if the User or the Other Person (in this clause jointly referred as Purchaser) has selected the suitable Products, added to the cart, paid for the order and Purchaser or his/her selected transportation company has collected the Products from Administrator's store (might be stated as ''pick-up'' location elsewhere on Portal).

3.2.            Alcohol and tobacco products (including products related to tobacco products) shall be sold only to the persons who have ensured to be at least 18 years of age. Upon submitting an order via the Portal, the age of the person is subject to be controlled during the delivery of the alcohol and tobacco products.

3.3.            Upon concluding the sales contract, the Administrator is sending by email to the Purchaser the necessary terms of the contract: name of the ordered goods, volume, price, invoice number and receiver of the invoice. The Purchaser receives to the email also a hyperlink to the Portal where the Purchaser can revise the order and download a copy of the invoice to the computer. For the Purchaser only the invoice downloaded immediately after submitting an order has the legal meaning.

3.4.            On the basis of the sales contract, the risk of accidental loss and damage of the Products transfers to the Purchaser upon delivery of the Products to the Purchaser or the transportation service selected and authorized by the Purchaser. Ownership of the Products is transferred to the Purchaser on the territory of the Administrator's store.

If deficiency occurs regarding the order which has been caused by transportation of the Products, the Purchaser is obliged to submit a complaint to the selected transportation service provider. If deficiency of the goods (including incorrect Product) has occurred during the delivery of the goods to the transportation service provider, the Administrator is obliged to offer voucher for new order or discount. Both parties have to agree on it.

3.5.            The product photos disclosed at the Portal are illustrative. Upon concluding the sales contract, the parties ensure that in compliance of any object with the illustrative photo disclosed at the Portal shall neither be handled as a deficiency of the contract object nor the basis for withdrawing from the sales contract.

3.6.            The prices of the Products provided at the Portal are including VAT as applicable in the Republic of Latvia as well as alcohol or tobacco excise. The prices of the Products do not include the cost of transportation.

3.7.            Order reservation cancellation done in 12 hours after purchase is free of charge (except transaction fee which is usually 1,5%-3,5% depending on used payment method). After 12 hours the cancellation fee is 5% + transaction fee of from original order reservation amount. If reserved goods have not been collected within 30 days (including) then order status will be changed to ''Pending'' and cancellation fee is 25% + transaction fee from original order reservation amount. If customer chooses to collect or organise transportation, then no fee will be applied.

3.8.             Client has right to return the Products ordered from the Portal up to 14 days if package(s) is unopened. Pursuant to the EU Directive 2011/83/EL, the Purchaser does not have the right to return the Products ordered from the Portal if the User has opened the package. Incorrect or defected goods can be replaced by the User or the Other Person on the basis of an invoice. The return costs are not covered by the Administrator if the reason for returning the Order was defected product (any defect that has occurred during transportation by customer selected transportation company shall not be considered as defected product).

3.9.            If any circumstances occur independent from the Administrator regarding the delivery of a specific product ordered by the Purchaser, the Administrator has the right to replace the goods with a similar product having the same or higher value in order to deliver it to the Purchaser.

 

  1.                   Transportation of Products

4.1.            The Administrator is not providing the transportation services for the Products offered via the Portal. The User or the Other Person is responsible for organizing the transportation of the purchased goods according to the sole discretion. The transportation agreement is separate from the sales contract. The User or the Other Person confirm that the Administrator is not party to the transportation contract.

4.2.            Administrator may assist the Purchaser in arranging the transportation. Via the Portal the User or the Other Person can select the most suitable means of delivery. The assistance provided by the Administrator to the Purchaser in the arranging of transport of the Products is not classified as arranging the transport.

4.3.            In shopping cart view User or Other Person can see most recent information about collection options.

4.4.            If User or Other Person chooses to use transportation services, then User or Other Person will be marked as sender.

 

  1.                   Liability

5.1.            Upon transportation of the orders to a foreign country, the User or the Other Person is responsible for the correct payment of any applicable taxes in the destination country regarding the order. By consenting to the Terms of Use, the User or the Other Person ensures to be aware of the possible obligation to pay taxes in the destination country of the order and shall be liable for the payment of taxes. The User or the Other Person may consult the taxes applicable in the Finnish Republic from the following hyperlink: http://www.tulli.fi/fi/yksityisille/netista_osta-minen/nettituonti/alkoholin_tilaaminen_netista.jsp.

5.2.            Insofar as permitted by law, in the following cases the Administrator is not liable for any damage caused to the User or the Other Person:

5.2.1.      The Portal fails to function with a certain web browser;

5.2.2.      The Portal fails to function and/or conform with the hardware and/or software used by the User (including, but not limited to, computer, tablet, mobile phone, smartphone, operation system, etc.);

5.2.3.      Force majeure and other errors or alerts beyond the control of the Administrator, which impede the User or the Other Person from using the Portal;

5.2.4.      The User’s Internet service provider fails to provide the User with access to the Portal;

5.2.5.      The damage caused by the loss of User’s account password or by unauthorized third parties gaining possession thereof or using the password;

5.2.6.      The damage caused by the submission of incorrect or unspecific data by the User or the Other Person upon submitting the order;

5.3.            The limitations of the liability of the Administrator as listed above do not preclude any imperative rights arising from law and applicable for the User or the Other Person, which cannot be deviated by any mutual agreement between the parties.

5.4.            The parties ensure that the Administrator is not handled as the producer of the Products that are disclosed at the Portal, and the provisions of the Obligations Act regulating the liability of a producer do not apply to the Administrator.

5.5.            If the Administrator becomes aware of any violation of law previously executed or ongoing via the Portal, the violation is subject to be eliminated or access denied or the Administrator shall actively take measures to terminate the violation of law or eliminate the consequences.

 

  1.                   Processing of personal data

6.1.            The Administrator warrants the use and processing of personal data entered by the User solely in accordance with the Personal Data Protection Act, mainly to the extent that is required for the fulfillment of an order. The Administrator may use User or Other Person data for related advertising purposes. The Administrator shall not forward the personal data of the User or the Other Person to third parties, except to the transportation service provider for confirmation and security reasons if the User or the Other Person has selected and authorized transportation company to pick-up the goods.

6.2.            Personal data is considered to be any data that is entered by the User or the Other Person upon submission of an order or registration, including but not limited to the given name and surname, address, phone number, e-mail, credit card and/or bank account details.

6.3.            The personal data of the User and the Other Person is processed by the Administrator.

 

  1.                   Termination of service provision

7.1.            The Administrator has the right to refuse to provide Services via the Portal to anybody without stating any reason for such decision. The Administrator has the right to select contractual partners at the sole discretion without the consent of the User or third parties.

7.2.            The Administrator has the right to terminate the provision of Services immediately without prior notice by limiting the User’s access to the Portal:

7.2.1.      If the User intentionally or due to gross negligence causes harm to the Administrator;

7.2.2.      If the User repeatedly breaches the Terms of Use;

7.2.3.      Upon closing the Portal;

7.2.4.      Upon terminating the provision of Services.

7.3.            The User has the right to terminate the Contract at any time and delete the User account by submitting the respective application to through contact form on Portal.

 

  1.                   Validity and amendment of the Terms of Use

8.1.            The Terms of Use are available at the Portal. The Terms of Use have been compiled in English but for the purpose of clarity available in other languages as well. If there are contradictions or variances between the different versions of the Terms of Use, the English version will prevail.

8.2.            Upon consenting to the Terms of Use, the User also confirms the following:

8.2.1.      The person has full legal capacity (including at least 18 years of age) and is lacking legal impediments for making transactions, concluding and performing contracts, including required authorisation to conclude the Contract with the Administrator and to use the Services provided by the Portal;

8.2.2.      The person understands and agrees that upon making transactions as a result of using the Portal, including conclusion of sales contract (including provision of services), it shall not include the provision of transportation services by the Administrator and the User shall be solely responsible for arranging the transportation of the orders.

8.3.            The Administrator has the right to unilaterally amend the Terms of Use, above all but not only if:

8.3.1.      It is caused by amendments in the law in force or in the practice of interpreting it;

8.3.2.      The Administrator extends the possibilities of use of the Portal, terminates the provision of Services via the Portal or begins providing new services;

8.3.3.      The Administrator has to amend the Terms of Use on the basis of final judgment or administrative decision;

8.3.4.      Technological developments occur which make it possible to improve the quality and security of administration of the Portal and provision of Services.

8.4.            The amended Terms of Use will be disclosed at the Portal and enter into force as of the moment of their disclosure. The terms will be applicable to the User as of the moment when the User will log in to the Portal for the first time after the amendments to the Terms of Use have entered into force.

8.5.            If any provision of the Terms of Use proves invalid due to its conflict with law, the remaining extent of the Terms of Use will remain valid.

 

  1.                   Governing law and dispute resolution

9.1.            The legal relations between the Users and the Administrator regarding the use of the Portal and the Services are governed by the law of the Republic of Latvia.

9.2.            Disagreements are settled by way of negotiations between the parties.

9.3.            Additionally the electronic environment of the European Union, the ODR platform (Online Dispute Resolution) is available at http://ec.europa.eu/odr for all the Users in order to settle complaints against online traders.