Terms and Policies
Distance Selling Regulations on the sale of the products via the website www.joma9.com
(Wording of 2021-03-27)
1.1. “Seller” means a legal entity incorporated in the Republic of Latvia – LLC “Joma 9”, registration number 40203097401, whose Products are sold at the website www.joma9.com in accordance with these Regulations.
1.2. “Buyer” means a legally capable private individual or legal entity.
1.3. “Parties” means jointly the Buyer and the Seller.
1.4. “Products” means the products whose range (including description) is provided on the website www.joma9.com and that are sold by the Seller to the Buyer following confirmation of the placed Order in accordance with the Regulations.
1.5. “Order” means an order that contains all Products which the Buyer wants to purchase from the Seller and that are listed in this Order. In specific cases the Order may also comprise certain services to be provided by the Seller to the Buyer (including services associated with the shipment of the Products and delivery to the Buyer’s address). By placing the Order, the Buyer consents to the Regulations and undertake to observe the same.
1.6. “Regulations” means these “Distance Selling Regulations on the sale of products on the website www.joma9.com” that are attributable to each purchase effectuated by the Buyer via the website www.joma9.com and each Purchase Contract entered into between the Buyer and the Seller, unless otherwise specified in the Purchase Contract.
1.7. “Purchase Contract” means a contract on the purchase of specific Products entered into between the Parties that is deemed to be duly entered upon confirmation of the Order by both Parties. The terms of each Purchase Contract entered into between the Parties shall be regarded to be identical to these Regulations, and the Parties undertake to perform each Purchase Contract in compliance with these Regulations.
1.8. “Invoice” means an invoice issued by the Seller to the Buyer, inclusive of all taxes (including the value added tax) for the purchase of the Products and services rendered by the Seller (including delivery service charges) if such have been ordered by the Buyer under the Order.
1.9. “Personal Data” means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name and surname, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
published on the site www.joma9.com which pertain to the collection, processing and storage of Personal data, the Regulations shall prevail.
1.11. “Warehouse” means the Seller’s warehouse (at the location indicated in the Order) where the Buyer can collect the ordered Products or return any Products to the Seller in accordance with these Regulations, in case within the sale of the Products the Seller offers such an option (collection immediately from the Warehouse or return of Products later).
1.12. “Seller’s e-mail address” means firstname.lastname@example.org
2. General Provisions
2.1. After reading these Regulations, the Buyer shall confirm the same by ticking the checkbox to confirm that “I have read and agree to the Distance Selling Regulations on the sale of the products via the website www.joma9.com .” The approval of the Regulations given in the afore manner constitutes a legal document binding on both Parties and setting out their mutual rights and obligations, terms of purchase and payment of the Products, terms of delivery and return procedure of the Products, liability of the Parties and other issues that are related to the sale and purchase of Products on the website www.joma9.com.
2.2. In case the Regulations are updated, the new wording will be applied as of the date of publication thereof on the website www.joma9.com. The Seller undertakes to notify the Buyer on the up-to- date wording of the Regulations at the placement of an Order.
2.3. Where necessary or in case of emergence of any circumstances prescribed by the laws of the Republic of Latvia, the Seller retains the right to amend, correct or supplement these Regulations.
2.5. In case the Seller may or is obliged to send the Buyer information or documents via e-mail, in all cases the Buyer is responsible for providing the Seller with a valid e-mail address.
3. Ordering of Products
3.1. All relevant information on the Products and their qualities is provided in the description of the Products on the website www.joma9.com.
3.3. After selecting the Products which the Buyer wants to buy and, if applicable, any additional services offered by the Seller, and after placing the Products in the shopping cart and completing the Order, where the last operation involves selection and approval of the payment method, it will be regarded that the Parties have entered into a legal relationship on the purchase of Products and have executed the Purchase Contract.
3.4. The Seller undertakes to inform the Buyer if his/her Order has been confirmed by sending a respective confirmation to the Buyer’s e-mail address.
4. Buyer’s Rights and Obligations
4.2. The Products purchased by the Buyer will not be replaced. The Buyer may use such right only in case the Seller has specifically awarded it to the Buyer when confirming the Order or otherwise.
4.3. The Buyer is obliged to pay for the ordered Products and to accept them in accordance with the procedure set out in these Regulations.
4.4. Any Order placed by the Buyer may be cancelled only in accordance with these Regulations.
4.5. In case of receipt of any non-conforming or defective Products, the Buyer undertakes to immediately, however not later than within 3 (three) days notify the Seller thereof by sending a notice to the Seller’s e-mail address.
4.6. The Buyer may withdraw from the Purchase Contract in accordance with the procedure set out in these Regulations.
4.7. When purchasing any Products, the Buyer must honour his/her obligations laid down in these Regulations and other rules explicitly stated on the website www.joma9.com.
5. Seller’s Rights and Obligations
5.1. The performance of an Order for the purchase and sale of Products commences upon the Seller receiving from the Buyer full amount of payment for the Products so ordered.
5.2. Prior to performing any Order, the Seller undertakes to notify the Buyer on the suspension or cancellation of any functions that are available at www.joma9.com and which are of relevance for performing the Order. The publication of such information at www.joma9.com will be treated sufficient for satisfying the afore-stated notification duty. After the Order is already accepted for processing, the Buyer will be informed on the suspension or cancellation of any such functions that are available at www.joma9.com and of relevance for performing the Order via means of communication provided by the Buyer (per phone, by SMS or via e-mail).
5.3. The Seller undertakes to deliver the Products ordered by the Buyer and to accept any returns in accordance with these Regulations.
5.4. If the Products ordered by the Buyer cannot be delivered due to a justified cause, the Seller will refund the Buyer the price of the Order and cancel the Order accordingly. The refund is effectuated within 14 (fourteen) days after the Seller establishes the impossibility to deliver the ordered Products to the Buyer.
5.5. In case the Seller does not agree to the claim (objections) submitted by the Buyer, the Seller must give the Buyer a comprehensive and substantiated written response thereto not later than within 14 (fourteen) days after receipt of the Buyer’s claim, unless the laws of the Republic of Latvia or the European Union provide otherwise.
6. Prices of Products and services, payment procedure and terms
6.1. The prices of Products and services at www.joma9.com are given in euro and are inclusive of value added tax.
6.2. To pay for the ordered Products and services provided by the Seller, the Buyer shall use the payment methods made available on the website www.joma9.com.
6.3. Once the payment is received, the Order will be considered confirmed.
6.4. By agreeing to these Regulations, the Buyer accepts that all purchase documents (Seller’s approval of the Order and the Invoice) will be issued to the Buyer in electronic form and sent to his/her e-mail address given in the Order.
6.5. The Invoice will contain the Seller’s details, ordered Products, their quantity, total Products price, services provided by the Seller and their price, all taxes calculated by the Seller and other required data in accordance with the applicable accounting laws and regulations. Upon Buyer’s individual request sent to the Seller’s e-mail address, the Invoice may be issued to the Buyer in person, together/simultaneously with the Products.
6.6. After Seller’s confirmation of the Order, the price of the Products may be changed only in exceptional cases. i.e. if such changes are due to any technical errors in the information system, obvious typographical errors or any other impartial circumstances not depending on the Seller. If after receipt of such information, the Buyer refuses to purchase the Products for such changed price, the Buyer may cancel the Order within the term of 3 (three) days by notify the Seller thereof by sending a notice to the Seller’s e-mail address. If the Order is cancelled on the basis of the afore-mentioned grounds, the Seller refunds the Buyer all amounts paid by the latter for the cancelled Order.
7. Delivery of Products
7.1. By default, the Products are delivered by a courier service arranged by the Seller to the delivery address specified by the Buyer when processing the Order. The Buyer may collect the ordered Products from the Warehouse free of charge only in case the Seller has offered such an option to the Buyer when placing the Order.
7.2. In case the delivery of the Products is organized by a courier service, the costs of delivery include only delivery to the ground floor. Any delivery above the ground floor can be ordered additionally, provided the Seller (or the courier service) offer such a service. The terms of inside delivery are agreed by the Parties separately upon processing of the Order.
7.3. Upon receipt of the Products, the Buyer (or its representative, in case any such is specified in the Order) will have to present a valid personal identification document (ID or passport).
7.4. If the Buyer does not insure receipt of the Products from the Seller (or misses the delivery by the courier service) notwithstanding that the delivery was made to the agreed delivery address specified by the Buyer within the agreed delivery hours, the Seller (or the courier service) may temporarily store the Products at the expense of the Buyer and seek from the Buyer compensation for the additional costs of repeated delivery of the Products to the delivery address. When necessary, the Seller’s representative will contact the Buyer to agree on another Products delivery time. In case the Buyer repeatedly fails to collect the Products and/or it is impossible to deliver then to the Buyer for the period of 7 (seven) days from the initially intended delivery date, the Products are returned to the Seller. In such a case the Order will not be cancelled, and the Buyer is obliged to compensate the Seller for all expenses (including storage of the Products) incurred to the Seller until the moment of collecting the Products from the Seller.
7.5. If upon placement of an Order the Parties agree that the Order will be collected from the Warehouse, the Buyer must collect the Order not later than within 5 (five) days after receipt of the Seller’s e-mail confirmation on the readiness of the Products for collection. In case the Products are not collected within 45 (forty- five) days after the initially planned collection date
due to circumstances not depending on the Seller (including due to the Buyer’s fault) the Seller has the right to consider that the Buyer has unilaterally renounced the Products and such Products are the property of the Seller without being obliged to make any refund for the Order.
7.6. The terms of delivery contained in the description of the Products are provisional. The Seller delivers the Products to the Buyer in line with the delivery terms set out in the description of the Products that is contained in the Order confirmation. The Buyer consents that in exceptional cases the delivery of the Products may be delayed due to unexpected circumstances not depending on the Seller. In such a case the Seller undertakes to immediately contact the Buyer and agree on the delivery term of the Products and other circumstances.
7.7. The Seller will be exempt from any liability for any breach of the agreed delivery term, in case the Products were not delivered to the Buyer or were not delivered in time due to the fault of any third persons which are not associated and/or dependant on the Seller or due to any circumstances depending on the Buyer.
7.8. Upon delivery of the Products, the Buyer together with the courier and in case the Products are collected from the Warehouse – the Buyer jointly with the Seller’s authorized representative shall inspect the condition of the package and the Products and sign a respective certificate of acceptance of the Products. After the Buyer has signed the certificate of acceptance, it will be considered that the Products were delivered in proper condition without any manufacturing defects and that the delivered Products are in conformity with the placed Order (to the extent it can be established from visual inspection of the Products). If the Buyer establishes that the packaging of the supplied Products is damaged (it is moist or contains other external damage) the Products are damaged, and/or the Order is incomplete, the Buyer makes a respective notation in the acceptance certificate of the Products and drafts a free-form notification of defects/non- compliance at the presence of the courier or the Seller’s representative – in case the Products are collected from the Warehouse. In case of the Buyer’s failure to take such measures, the Seller is exempt of any liability for such damages, with the exception of any manufacturing defects, and is equally exempt of any liability for delivery of a non-conforming Order.
7.9. Upon delivery of the Products to the Buyer, the risk of incidental damage or loss of the Products shall pass over to the Buyer.
8. Products Quality Warranty
8.1. The qualities of the Products are provided in the Products description published at www.joma9.com.
8.2. The Products sold by the Seller are proper quality goods. It will be considered that the Products are in conformity with the Purchase Contract in case:
8.2.1. The Products correspond to the given description and have the same qualities as the sample Products that are advertised by the Seller on its website www.joma9.com;
8.2.2. The Products can be used for the purpose for which such type of products are conventionally used.
8.2.3. The Products satisfy the quality requirements generally applied to such products and to be reasonably expected by the Buyer based on the Products’ category and Seller’s publications.
8.3. The Seller is not liable for any noncompliance of the form, colour or other parameters of the Products displayed on its website www.joma9.com with the actual form, colour or other parameters of the Products due to the specifics of the display used the Buyer or other technical
reasons not depending on the Seller. The pictures of the Products shown are for illustration purposes only and are examples only. The visual specifics, the colours and/or other qualities of the Products displayed on the Seller’s website www.joma9.com may not be an exact representation of the original, therefore the Buyer should considered the qualities of the Products given in the description of the Products.
8.4. The Seller offers a quality warranty for its Products, the period covered, and other warranty terms are given in the Products description. By default, the Products come with a quality warranty of 2 years, to be counted from the date the Products is received, unless the Seller offers a longer warranty period.
8.5. If the Buyer raises any objections to the Products quality during the warranty period, the Seller undertakes to remedy such, provided the Buyer has complied with the requirements for assembling, use and storage of the Products (i.e. the Products have been used consistently with their purpose).
8.6. When opening the packaging, the Buyer has to inspect the components of the Products. In case of detecting any defects, the Buyer may not assemble the Products, must keep the original packaging (mandatorily) and forthwith notify the Seller on the established effect of the Products.
9. Buyer's right to withdraw from the Purchase Contract
9.1. The Buyer has the right to withdraw from the Purchase Contract in case the supplied Products are not in conformity with the Order or are damaged, what has been accordingly noted in the acceptance certificate, or in case the poor quality of the Products is caused by a manufacturing defect or due to any non-conformity of the Products with the Seller’s specification. Moreover, the Buyer may use the right of withdrawal provided the Seller is unable to remedy the established defects or non-compliance of the Products within a reasonable term (by default, i.e. within the period of 14 (fourteen) days following receipt of the Buyer’s notification on the intention to withdraw from the Purchase Contract).
9.2. The right of withdrawal from the Purchase Contract does not apply to any Products that have been assembled or put together by the Buyer (or which the Buyer has attempted to assemble) if following assembling of the Products (or attempts thereof) the quality of the Products has significantly deteriorated.
9.3. In order to inform the Seller on his/her intention to withdrawn from the Purchase Contract, the Buyer must submit to the Seller a clear notice containing his decision to withdraw from the Purchase Contract. The withdrawal (from the Purchase Contract) notice has to be sent to the Seller’s e-mail address, by specifying the number of the Order to which such withdrawal (from the Purchase Contract) notice applies.
9.4. In case the Buyer withdraws from the Purchase Contract in accordance with these Regulations and the Seller is unable to remedy the defects or non-conformity of the Products within a reasonable term, the Seller shall make a full refund of the Order to the Buyer’s bank account within 14 (fourteen) days after the Products are returned, unless the Parties agree otherwise.
9.5. If the Buyer uses his/her right to withdraw from the Purchase Contract and the Products are returned to the Seller because of poor quality, the Seller reserves the right, prior to the return of the Products to the Seller, to reassure that the Products are returned because of improper quality.
9.6. The Seller reserves the right not to give the Buyer a refund prior to the Products are returned to the Seller and the Seller has checked compliance of the Products with the quality criteria set out in the description of the Products.
9.8. In case the Buyer withdraws from the Purchase Contract and returns the Products:
1) The Buyer must indicate the sender’s address and pack the Products properly to avoid any damage of the Products during transportation. The Seller will face no responsibility for any shipments that have been improperly packed by the Buyer, have been returned to a wrong address or the parcel has gone missing or is damaged during transportation.
2) The Buyer must return the Products to the Warehouse address, by independently organizing the return, unless the Parties agree otherwise. The Buyer may also return the Products to the Warehouse himself in case the Parties specifically agree on such an option. In case the Buyer chooses another delivery option (for example - by a courier service at the Buyer’s choice whose service prices exceed the return charges of the courier service recommended by the Seller) instead of a cheaper delivery option offered by the Seller (to the Warehouse by a courier service recommended by the Seller), the costs of such other delivery option in excess of the costs of the delivery option recommended by the Seller will not be reimbursed to the Buyer.
10. Liability of the Parties
10.1. The Buyer is liable for any illegal acts taken through the website www.joma9.com.
10.2. When placing an Order, the Buyer is responsible for the handover of his/her Personal Data to any third persons.
10.4. The Seller retains the right to transfer any Buyer’s payment obligations due under the Purchase Contract, an Invoice or any other outstanding payment obligations of the Buyer to a debt collection agency. In such a case the Buyer consents to the disclosure of his/her information and documents to any third person for debt collection purposes.
11.1. The Seller may analyse the Buyer’s actions at the website www.joma9.com, inter alia analyse and process the Buyer’s Personal Data (incl. purchase history, browsing history, payment history, reviews on the purchased Products, responses to surveys, communication history between the Parties, including electronic communication).
11.2. The Buyer provides his/her Personal Data when purchasing any Products or ordering any Seller’s services available on the website www.joma9.com and the Seller accesses to such data in accordance with the Purchase Contract.
11.3. While processing (registering) an Order, it is mandatory for the Buyer to provide information on the Buyer’s e-mail address. Other Buyer’s personal data (i.e. name, surname, phone number, delivery address of the Products, payment details (including but not limited to the bank account
number, bank card number)) are necessary to enable the Buyer the possibility to make the payment for the Products through the website www.joma9.com and to receive the Products
11.5. The Seller retains the right to provide to third persons certain information that is obtained or stored for ensuring sale and supply of the Products to the Buyer and/or provision of any services rendered by the Seller. The Buyer understands that the provision of his/her Personal Data is mandatory to enable proper performance of the Order.
11.6. The Buyer may anytime object to the processing of his/her Personal Data that is carried out on the basis of the Buyer’s consent. The Buyer is also duly informed on the fact that without providing the required information it will be impossible for the Seller to confirm and/or complete the Order.
11.7. The Seller shall keep the Buyer’s Personal Data for so long, while it is necessary for the attainment of the objective of such Personal Data processing, however the period of keeping such data may not be shorter than the period set in the applicable laws which govern the operations of the relevant Seller. With the Buyer’s consent the processed Personal Data will be stored until the Buyer revokes such consent.
11.8. If for the purpose of contacting the Seller (e.g. ask questions to the Seller) the Buyer sets up a two-way communication with the Seller, in such a case the Seller may access the Buyer’s Personal Data. Such data include records and the Buyer’s correspondence with the Seller.
11.10. In case the Buyer has provided informed consent thereto, the Seller retains the right to track the Buyer’s behaviour at www.joma9.com and to browse history (cookies).
11.11. The Buyer has the right to request the Seller to terminate the processing of his/her Personal Data, including to request deletion of such data based on the Buyer’s request. Without prejudice to the foregoing, the Buyer understands that his/her Personal Data will not be deleted from the Seller’s database, in case any of the following requirements exists:
1) The Seller is bound by the obligation to process the Buyer’s Personal Data in accordance with the requirements of the laws of the Republic of Latvia and the EU;
2) The Personal Data processing is in the legitimate interests of the Seller (e.g. the Buyer’s Personal Data must be processed for the purpose of bringing action, to honour any court order or to respond to a court order);
3) The Personal Data are required for attaining the purpose of collecting and/or processing the same;
4) The Buyer has not revoked the consent for the processing of his/her Personal Data.
12.1. All communication between the Parties in connection with the purchase of any Products or the Seller’s services made available through the website www.joma9.com is effectuated via the e- mail addresses of the Parties and the Seller’s contact details provided on www.joma9.com. In
case the communication of the Parties regarding any Products is organized otherwise, the Seller assumes no liability and risks that could potentially incur in connection with such communication.
12.2. The Parties hereby acknowledge and confirm that any communication regarding the performance of an Order conducted outside the website www.joma9.com (system) is not mandatory to the Parties and is not binding.
13. Final Provisions
13.1. The mutual relations of the Parties that derive from the Purchase Contract and these Regulations are governed and construed by the laws of the Republic of Latvia.
13.2. All controversies and claims arising out of or in connection with the Purchase Contract and these Regulations are resolved through negotiations. In case the Parties are unable to reach an agreement within 30 (thirty) days, the dispute shall be resolved in accordance with the procedure prescribed by the laws of the Republic of Latvia.
13.3. In case the Buyer disagrees with the Seller’s answer to his/her written objections, the Buyer who is a private individual – consumer within the meaning of the laws of the Republic of Latvia may submit his objections/complaint regarding the supplied Products or provided services to the Consumer Rights Protection Centre via their website www.ptac.gov.lv – or fill in a request form via SIP platform made available at: https://ec.europa.eu/odr/.