Terms of Use
1. Definitions
1.1. Terms – the Terms and Conditions of the Purchase-Sale Agreement (distance contract), which govern the procedure for remote (distance) purchases and sales made in the zum.lv online superstore, the obligations and rights of the Seller and the Buyer, the terms for purchasing and paying for the Goods offered by the Seller, the procedure for delivery and return of Goods, the liability of the Parties, and other matters related to the purchase and sale of Goods.
1.2. zum.lv – the Seller's online superstore (https://zum.lv/) for concluding Transactions.
1.3. Cabinet Regulations – Cabinet of Ministers Regulations No. 255 of 20 May 2014 "Regulations Regarding Distance Contracts", which apply when the Buyer, as a Consumer, uses the zum.lv online superstore to purchase Goods offered by the Seller.
1.4. Transaction – a contract between the Buyer and the Seller for the purchase of Goods, concluded remotely using distance communication means.
1.5. Seller – joint-stock company "Diāna", registration number 41203000447, legal address: Andreja iela 5, Ventspils, LV – 3601, Latvia, ZUM customer service centre phone: +371 23777713, e-mail: [email protected].
1.6. Buyer – a natural person who has reached the age of 18, or a natural person engaged in economic activity, or a legal entity that concludes a Transaction based on these Terms. At the time of receiving the Goods, the Buyer must present to the Seller a confirmation received by e-mail or phone confirming that the Goods are ready for collection, and/or must provide the Order number.
1.7. Parties – the Buyer and the Seller collectively.
1.8. Profile – a user profile created by the Buyer for conducting Transactions in the zum.lv online superstore, which stores the history of Transactions concluded by the Buyer, including information about orders placed, contact information, delivery address, and other information/data entered/provided by the Buyer.
1.9. Consumer – a Buyer who is a natural person expressing a wish to purchase, purchasing, or who could purchase or use the Goods and the Delivery Service for a purpose not related to the natural person's economic or professional activity.
1.10. Goods – goods offered for sale by the Seller in the zum.lv online superstore at prices set by the Seller. Prices of Goods in the zum.lv online superstore are stated in euros (EUR) inclusive of value added tax (VAT). The stated prices for Goods do not include the cost of the Delivery Service. Collection of Goods at the Seller's customer service centre – warehouse, is free of charge.
1.11. Delivery Service – a service as a result of which the rights to the Goods are transferred to the Buyer at the Buyer's own expense, offered by the Seller to the Buyer in the zum.lv online superstore at prices set by the Seller.
1.12. Order – an offer made by the Buyer to purchase Goods and the Delivery Service from the Seller in the quantity specified by the Buyer.
1.13. Shopping Cart – a list of Goods and Delivery Services selected by the Buyer for purchase in the zum.lv online superstore.
1.14. Order Number – a number assigned to the Buyer's Order.
2. Subject Matter of the Terms
2.1. The Seller sells Goods and Delivery Services in the zum.lv online superstore, and the Buyer purchases Goods and orders Delivery Services from the Seller at prices set by the Seller. The range and quantity of Goods and Delivery Services are agreed upon individually by the Parties each time they are purchased/sold, with the Seller retaining the right to set a minimum and/or maximum quantity of specific Goods per Order.
2.2. The Transaction is deemed concluded once the Buyer has placed the Order and made payment for the Order in accordance with the procedure set out in Section 4 of these Terms.
2.3. After payment has been made and after the Goods have been transferred to the Buyer, the Buyer becomes the owner of the Goods. The risk of accidental loss or damage to the Goods passes to the Buyer when the Buyer or a third party designated by the Buyer has received the Goods.
2.4. The Seller is not liable for any consequences that may occur to the Buyer if the Buyer has shared their zum.lv online superstore password and/or Order number and/or confirmation that the Order is ready for collection with a third party.
3. Registration in the zum.lv Online Superstore, Ordering Goods, and Concluding a Transaction
3.1. To create a Profile and register in the zum.lv online superstore:
3.1.1. the Buyer – a natural person, including a person engaged in economic activity, provides their first name, last name, e-mail address, and phone number;
3.1.2. the Buyer – a legal entity, provides the first name and last name of the legal entity's representative, the name (firm) of the legal entity, registration number, VAT registration number, e-mail address, and phone number.
3.2. Registration can only be completed once the Buyer has read and provided consent to the Terms and Privacy Policy and has provided consent to the processing of data by ticking the relevant boxes.
3.3. After completing registration, the Buyer receives a confirmation of Profile creation sent by the Seller to the e-mail address provided by the Buyer.
3.4. A Transaction is deemed concluded at the moment when the Buyer:
3.4.1. has selected the required Goods and Delivery Services from those offered in the zum.lv online superstore and added them to the Shopping Cart;
3.4.2. in addition to the information provided during registration, has specified the delivery address (if delivery is required);
3.4.3. has provided consent to the processing of personal data;
3.4.4. has confirmed that they have read the Terms and Privacy Policy.
3.5. The Buyer may contact the Seller by phone with a request to prepare a quote for Goods specified by the Buyer.
3.6. The Seller prepares a quote and informs the Buyer by phone or by sending an e-mail. Upon receiving confirmation from the Buyer (by phone or e-mail), the Seller sends an invoice for payment of the quote to the Buyer's e-mail address (the invoice does not contain the "signature" field). The invoice is based on the concluded Transaction.
3.7. After an Order has been placed, in exceptional cases the Goods may no longer be available to the Seller due to objective reasons. In such a case, the Seller undertakes to refund to the Buyer all amounts paid by the Buyer in order to receive the selected Goods. The refund is made using the same payment method used by the Buyer for the original Transaction, and the Transaction amount or part thereof is refunded to the same account from which it was paid. The Seller notifies the Buyer of the situation that has arisen by sending an e-mail.
3.8. After the Order has been confirmed by the Seller, the price of the Goods may change only in exceptional cases where it has been affected by an information system error or any other obvious error (technical or due to negligence), the correction of which results in a change in the price of the Goods for objective reasons (reasons beyond the Seller's control). If in such a case the Buyer no longer wishes to purchase the Goods (does not agree to purchase the Goods at the new price), the Buyer may cancel the order within two business days by notifying the Seller using the contact information provided on the zum.lv online superstore website. Following cancellation of the Order in accordance with the procedure set out in this clause, the Seller undertakes to refund to the Buyer all amounts paid by the Buyer for the cancelled Order.
4. Payments
4.1. A Buyer placing an Order in the zum.lv online superstore pays for the Goods in one of the following ways:
4.1.1. online by bank transfer or payment card;
4.1.2. by bank transfer based on the received invoice. The invoice does not contain the "signature" field and is based on the Transaction;
4.2. A Buyer – a legal entity that is a VAT payer, pays for the Goods only by bank transfer based on the received invoice.
4.3. When paying by bank transfer, the invoice received by e-mail must be paid within five business days of its dispatch.
4.4. The invoice with the prices stated therein is valid until the payment deadline indicated on the invoice.
4.5. When making payment by bank transfer, the Buyer must indicate the Order number in the payment reference field of the bank transfer.
4.6. A Buyer who places an Order by phone or e-mail pays for the Goods in one of the following ways:
4.6.1. by bank transfer based on the received invoice;
4.6.2. in a payment method acceptable to both Parties at the Seller's premises upon collection of the Goods, based on the received invoice.
4.7. All payments shall be made in euros (EUR).
4.8. The Seller shall inform the Buyer of any costs associated with the fulfilment of the Order that are payable by the Buyer. The Order is fulfilled only upon the Buyer's unambiguous consent to pay the required costs.
4.9. If a deferred payment purchase agreement has been concluded between the Parties, the Buyer pays for the ordered Goods after receiving them and signing the delivery note, within the period specified in the respective deferred payment purchase agreement.
5. Delivery of Goods
5.1. The Buyer has the option to receive the Goods in the following ways:
5.1.1. at the Seller's customer service centre at Zemitānu iela 2B, Riga. This service is free of charge;
5.1.2. by ZUM courier or DPD courier delivery, arranged at the time of placing the Order. The Goods are delivered to the address specified by the Buyer, to the front door. The Buyer must ensure acceptance and unloading of the Goods. Carrying the Goods inside the premises or up stairs is not provided. For delivery, the Seller charges a separate fee in accordance with the rate indicated by the Seller in the zum.lv online superstore, which the Seller has the right to unilaterally change from time to time;
5.1.3. at a DPD Pickup parcel locker of the Buyer's choice in Latvia. Each product indicates whether it can be received via a DPD parcel locker. When placing the Order, the Buyer selects the specific DPD parcel locker (address) to which they wish to receive the Goods, for which a corresponding charge is applied in accordance with the DPD price list, which is also indicated in the zum.lv online superstore.
5.1.4. at one of 17 ZUM pickup points throughout Latvia in partnership with the "Mājai un dārzam" store network: https://zum.lv/zum-pickup-punktu-saraksts/ This service is free of charge.
5.2. A Buyer who chooses to collect the Goods themselves must visit the Seller's customer service centre within five business days of receiving the Seller's confirmation that the Order has been assembled and is ready for collection. Before collecting the Goods at the Seller's customer service centre, the Buyer must present the confirmation information to the Seller and state/show the Order number.
5.3. If the Goods were not collected within the period specified in clause 5.2, the Seller contacts the Buyer to confirm the date of collection.
5.4. In the event that the Goods are not collected, the Transaction is deemed cancelled on the 16th day, counting from the date of dispatch of the confirmation that the Order has been assembled and is ready for collection (clause 5.2), and the Seller refunds the amount paid by the Buyer using the same payment method used by the Buyer for the original Transaction, unless the Buyer has expressly consented to do otherwise.
5.5. If the Buyer has chosen to receive the Goods by delivery to the address specified by the Buyer, delivery is carried out after receiving confirmation that the Order is ready for delivery.
5.6. A parcel from a DPD parcel locker must be collected within seven calendar days after DPD has notified the Buyer by phone and e-mail that the Goods are available for collection. If the Buyer does not collect the goods within the specified period, they are returned to the Seller.
5.7. Upon receiving the Goods, the Buyer is obliged to check the packaging, quantity, quality (visible defects), assortment, accessories, and completeness of the Goods.
5.8. If damage to the Goods' packaging, or non-conformity in the quantity, quality, assortment, accessories, or completeness of the Goods is found, the Buyer has the right to refuse to accept the Goods. In such a case, an act of refusal to accept the goods is signed.
5.9. Upon accepting the Goods, the Buyer signs the delivery note, thereby confirming that the Goods have been delivered in appropriate packaging, and that the quantity, quality, assortment, accessories, and completeness of the Goods correspond to the Order and the terms of the Transaction.
5.10. In the event that the Seller has delivered the Goods within the time agreed by the Parties, but the Buyer refuses to accept the Goods or is not present at the delivery location, a repeat delivery is only possible after the Delivery Service has been paid for again.
5.11. Maximum delivery time – 5 calendar days, excluding items with an external supplier.
6. Quality of Goods
6.1. The Seller confirms that the quality of the Goods meets the requirements of the regulatory enactments of the Republic of Latvia.
6.2. The Consumer is entitled to submit a claim to the Seller regarding non-conformity of the Goods or the Delivery Service with the terms of the Transaction within two years from the date of purchase of the Goods or receipt of the Delivery Service (warranty). The Consumer submits the claim to the Seller within two months from the date on which the non-conformity of the Goods or the Delivery Service with the terms of the Transaction was discovered. The date of purchase of the Goods is considered to be the date on which the Seller transferred and the Consumer accepted the respective Goods (clause 5.8).
6.3. If the Goods are purchased by a Buyer – a legal entity, or a natural person engaged in economic activity, who purchases the Goods for use in their economic activity, and there is no prohibition on using the Goods for economic or professional activity, the Seller sets a six-month warranty from the date of delivery of the Goods. This provision does not reduce the warranty period set by the manufacturer of the Goods, which after six months is provided by the authorised service centre of the manufacturer or distributor of the Goods. A legal entity or a natural person engaged in economic activity may submit a warranty claim within four weeks from the date on which the defect or damage to the Goods was discovered.
6.4. The Goods may be subject to a manufacturer's warranty, which may be longer than specified in these Terms. When using the manufacturer's warranty, the Seller's warranty terms must be observed, as well as the conditions for the validity and use of the warranty defined by the manufacturer.
6.5. The conditions for the quality, conformity, and return of Goods are regulated in the Seller's separate warranty terms (see sections "Right of Withdrawal" and "Warranty"). The Buyer may review the Seller's warranty terms at the Seller's customer service centre at the information board and/or on the website: https://zum.lv/.
7. Consumer's Right of Withdrawal
7.1. The Buyer as a Consumer has the right to withdraw from the concluded Transaction within 14 (fourteen) days from the date of delivery (receipt) of the Goods, except in cases mentioned in the Cabinet Regulations.
7.2. The period for exercising the right of withdrawal is counted from:
7.2.1. In the case of provision of the Delivery Service – from the date of conclusion of the Transaction;
7.2.2. In the case of purchase of Goods – from the date on which the Consumer or a third party designated by the Consumer has taken possession of the Goods (does not apply to carriers);
7.2.3. In the event that the Consumer has ordered several Goods in one Order that are delivered separately – from the date on which the Consumer or a third party designated by the Consumer has taken possession of the last item of Goods (does not apply to carriers);
7.2.4. In the event that Goods consisting of multiple batches or parts are delivered – from the date on which the Consumer or a third party designated by the Consumer has taken possession of the last batch or part of the goods (does not apply to carriers).
7.3. The Buyer as a Consumer notifies the Seller of the withdrawal from the Transaction and submits a withdrawal application to the Seller. The withdrawal application may be prepared in free form. The withdrawal application together with a copy of the accounting justification document for the Transaction must be sent to the Seller in one of the following ways:
7.3.1. to the Seller's e-mail: [email protected], if signed with a secure electronic signature;
7.3.2. to the Seller's legal address; or
7.3.3. by submitting it in person at the Seller's customer service centre.
7.4. No later than 14 (fourteen) days from the date of submission of the application to the Seller regarding the Consumer's decision to return the Goods or withdraw from the Transaction (clause 7.3), the Consumer returns or hands over the Goods to the Seller at the customer service centre. The deadline is considered to have been met if the Consumer has dispatched the Goods before the expiry of the 14 (fourteen) day period.
7.5. The Consumer, upon cancelling the Transaction, covers the direct costs of returning the Goods in accordance with clause 19 of the Cabinet Regulations.
7.6. In accordance with the Cabinet Regulations, the Consumer may not exercise the right of withdrawal if:
7.6.1. the Goods are manufactured according to the Consumer's instructions or the Goods are clearly personalised;
7.6.2. the Goods deteriorate quickly or are approaching their expiry date;
7.6.3. the Consumer has opened the packaging of Goods which cannot be returned for health and hygiene reasons;
7.6.4. due to their nature, the Goods have been irreversibly mixed with other items after delivery;
7.6.5. the Consumer has requested the Seller to come and perform urgent repair or maintenance work. If, when visiting the Consumer, the Seller provides additional services or delivers goods that are not the necessary spare parts for performing the repair or maintenance work, the right of withdrawal applies to those additional services or goods.
The Consumer withdrawal form can be found at https://zum.lv/precu_mainas_atgriesanas_VEIDLAPA.docx.
8. Exchange and Return of Goods
8.1. Goods are exchanged and/or returned at the Seller's customer service centre.
8.2. A Consumer who has returned Goods will be refunded the full amount paid for the Goods. Upon receiving the Goods and assessing their quality, the Seller refunds the money for the Goods no later than 14 (fourteen) days from the date on which the Seller was informed of the Consumer's decision to withdraw from the Transaction. The refund is made using the same payment method used by the Consumer for the original Transaction, unless the Consumer has expressly consented to do otherwise. If the Consumer has not expressly provided the aforementioned consent regarding the payment method, then the Transaction amount or part thereof is always refunded to the same account from which it was paid.
8.3. The Seller may withhold the refund until the Goods have been received back, or until the Consumer has provided confirmation that the Goods have been returned, whichever occurs first.
8.4. The Goods being returned must be undamaged, must not have lost their appearance (undamaged labels, protective film, etc.), and must not have been used. The Goods being returned must be in their proper, undamaged original packaging (with instructions and warranty card, if these were delivered with the Goods) in the same composition as when purchased by the Buyer.
8.5. When returning Goods, the original delivery note must be presented.
8.6. The Cabinet Regulations do not apply to Buyers – legal entities or natural persons engaged in economic activity, and they do not have the right of withdrawal.
8.7. A Buyer – a legal entity or a natural person engaged in economic activity, is entitled to return Goods to the Seller if they do not correspond to the information provided by the Seller about the Goods or if hidden defects are discovered.
9. Force Majeure
9.1. A Party that is unable to fulfil its obligations in full or in part due to force majeure circumstances beyond the control of the Parties shall notify the other Party within seven days and provide evidence that force majeure circumstances have occurred and that all reasonable measures have been taken to ensure that the Transaction is fulfilled. In the event of force majeure lasting more than three months, either Party has the right to unilaterally terminate the fulfilment of the Transaction without compensating the other Party for any losses incurred.
10. Applicable Law and Dispute Resolution
10.1. All matters not addressed in the Terms and/or not discussed at the time of concluding the Transaction shall be resolved by the Parties in accordance with the regulatory enactments in force in the Republic of Latvia.
10.2. All disputes and disagreements between the Seller and the Consumer regarding the performance and/or implementation of the Transaction, as well as all matters regarding the existence, validity, or termination of the Transaction and/or the quality of goods or other deficiencies, shall be resolved by the Parties in accordance with the procedure set out in the Cabinet Regulations and/or the Consumer Rights Protection Law.
10.3. A Consumer who considers that the Seller has violated their rights or legitimate interests in connection with the performance of the Transaction (distance consumer contract) must first contact the Seller in writing using the contact information provided in the Definitions section of the Terms, and state their claims, except in cases where the Consumer has applied to a court.
10.4. The Consumer is entitled to use the out-of-court dispute resolution option: ptac.gov.lv/lv/content/stridu-risinasanas-process, https://www.ptac.gov.lv/lv/arpustiesas-pateretaju-stridu-risinataju-datubaze.
10.5. The Consumer is entitled to submit a complaint also using online dispute resolution: ec.europa.eu/consumers/odr.
10.6. If the Consumer disagrees with the Seller's decision, they may apply to the Consumer Rights Protection Centre in accordance with the procedure set out in the Consumer Rights Protection Law.
10.7. All disputes and disagreements between the Seller and the Buyer – a legal entity or a natural person engaged in economic activity, regarding the performance and/or implementation of the Transaction, as well as all matters regarding the existence, validity, or termination of the Transaction and/or the quality of goods or other deficiencies, shall be resolved through negotiation. If the Parties are unable to resolve the disagreement through negotiation, the respective dispute shall be submitted to a court of the Republic of Latvia in accordance with the regulatory enactments of the Republic of Latvia.
10.8. In the event of a dispute, the Terms in force at the time of concluding the Transaction shall apply.
10.9. If any provision of the Terms is found to be unlawful, invalid, or unenforceable, the remaining provisions of the Terms shall remain in full force and effect.
11. Personal Data Protection
11.1. The zum.lv online superstore stores only the personal data of the Buyer submitted during registration; other personal data, if submitted, are stored separately – in the Seller's electronic accounting system. 11.2. The Parties undertake to process personal data obtained during the performance of the Transaction solely for the purposes of the Transaction. When processing personal data, the Parties shall comply with the requirements of the regulatory enactments of the Republic of Latvia. When processing personal data, the Parties are not entitled to transfer such data outside the European Union or the European Economic Area.
11.3. Personal data protection matters are regulated in a separate Privacy Policy (see "Privacy Policy"). The Buyer may review the Seller's Privacy Policy at the Seller's customer service centre at the information board and/or on the website: https://zum.lv/.
12. Final Provisions
12.1. By concluding a Transaction, the Buyer confirms that they have read and agree to the Terms.
12.2. The Seller reserves the right to unilaterally:
12.2.1. amend the Terms and conditions without separately notifying the Buyer of such action. The Transaction is governed by the version of the Terms in force at the time the Transaction was concluded;
12.2.2. terminate the Transaction and refuse further cooperation/further Transactions and/or Orders if the Buyer fails to comply with these Terms.
12.3. The Seller is not liable for any losses that may be incurred by the Buyer as a result of a breach of these Terms.
12.4. All notices, letters, and other documents are sent by the Parties to each other electronically with a secure electronic signature, and the addressee is deemed to have received them within two business days of dispatch, or by registered mail to the addresses indicated by the Parties, and the addressee is deemed to have been notified on the seventh day after they were handed over to the post office. If a Party changes its address, other details, or representatives, it must notify the other Party within five business days.
12.5. The images of Goods displayed in the zum.lv online superstore are for illustrative purposes only. The Seller cannot guarantee that the Buyer's device screen will accurately reflect the colours of the Goods. The Buyer understands that the Goods may differ insignificantly from their images.
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