PURCHASE AND USE CONDITIONS
This document (together with the documents mentioned here) establishes the conditions that govern the use of this website www.peachyvibes.com and the purchase of products on it (hereinafter referred to as the “Conditions”).
These Conditions may be modified. It is your responsibility to read them periodically, as the current conditions at the time of formalisation of the relevant Contract (as defined further on) or of use of this website shall be those that apply.
If you have any queries regarding the Conditions or the Data Protection Policies you may contact us by using the Contact page.
The Contract (as defined below) may be executed, at your option, in any of the languages in which the Conditions are available on this website.
- OUR DETAILS
Sale of goods through this website is carried out under the name “PEACHY VIBES” by SIA APRICOT & CO, registration nr. 40203208814, a Latvian company with registered address at Akas iela 5/7-3, Riga, LV-1011, Latvia, with Latvian VAT nr. LV40203208814, email address: [email protected]
- YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE
The information or personal details that you provide us shall be processed in accordance with the Data Protection Policies. When you use this website, you agree to the processing of the information and details and you state that all information and details provided are true and correspond to reality
- USE OF OUR WEBSITE
When you use this website and place orders through it, you agree to:
- Use this website to make legally valid enquiries and orders only.
- Not to make any false or fraudulent orders. If an order of this type may reasonably be considered to have been placed, we shall be authorised to cancel it and inform the pertinent authorities
If you do not provide us with all the information we need, you cannot place your order.
When you place an order on this website, you state that you are over the age of 18 and are legally eligible to enter into contracts.
- SERVICE AVAILABILITY
The products offered on this website are available for delivery to Austria, Belgium, Bulgaria, Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Romania, Slovakia, Slovenia, Sweden, United Kingdom.
- FORMALISING THE CONTRACT
The information contained in these Conditions and the details contained on this website do not constitute an offer of sale, rather an invitation to treat. There shall be no contract between you and us in relation to any product until your order has been expressly accepted by us. If your offer is not accepted and your account has already been charged, the amount of the same shall be reimbursed in full.
To place an order, you must follow the online purchasing procedure and click “Place order”. After doing so, you will receive an email confirming receipt of your order (the “Order Confirmation”). Keep in mind that this does not mean that your order has been accepted, since it constitutes an offer that you are making to us to buy one or more products. All orders are subject to our approval, which you will be informed of via an email in which we will confirm that the order is being sent (the “Delivery Confirmation”). The contract between us to buy a product (the “Contract”) shall be formalised only when we send you the Delivery Confirmation.
Only the products listed in the Delivery Confirmation shall be subject to the Contract. We are not obliged to provide you with any other product that has not been ordered until we confirm that these have been sent in a Delivery Confirmation.
- AVAILABILITY OF PRODUCTS
All product orders are subject to availability of the same. Along this line, if there are difficulties regarding the supply of products or there are no more items left in stock, we reserve the right to provide you with information on substitute products of the same or higher quality and value that you may order. If you do not wish to order the substitute products, we will reimburse any amount that you may have paid.
- REFUSAL TO PROCESS AN ORDER
We reserve the right to remove any product from this website at any time and to remove or modify any material or content from the same.
Although we will always do everything possible to process all orders, there may be exceptional circumstances that force us to refuse to process an order after having sent the Order Confirmation, and we reserve the right to do so at any time.
We shall not be liable to you or to any third party for removing any product from this website for removing or modifying any material or content from the website, or not processing an order once we have sent the Order Confirmation.
Notwithstanding clause 7 above regarding product availability and save for extraordinary circumstances, we will endeavour to send the order consisting of the product(s) listed in each Delivery Confirmation prior to the date indicated in the Delivery Confirmation in question or, if no delivery date is specified, in the estimated time frame indicated when selecting the delivery method and, in any case within a maximum period of 30 days from the date of the Order Confirmation.
The delivery is carried out by DHL in 1-2* business days to the address selected by customer, shown in Order Confirmation. The order is trackable using the code received in Delivery Confirmation.
Nonetheless, there may be delays for reasons such as the customisation of products, the occurrence of unforeseen circumstances or the delivery zone.
If for any reason we are unable to comply with the delivery date, we will inform you of that situation and we will give you the option to continue with the purchase, establishing a new delivery date, or cancel the order with full reimbursement of the amount paid. For the purposes of these Conditions, “delivery” shall be understood to have taken place or the order “delivered” as soon as you or a third party indicated by you acquires physical possession of the goods, which will be evidenced by the signing of the receipt of the order at the agreed delivery address.
* Products with extended delivery times have expected delivery time information available on the product page.
If any of the purchased items are not available for immediate delivery, the items that are available will be delivered immediately. The missing items will be delivered at no additional cost.
- INABILITY TO DELIVER
If it is impossible for us to deliver your order, we will attempt to find a safe place to leave it. If we cannot find a safe place, your order will be returned to our warehouse. We will also leave a note explaining where your order is located and what to do to have it delivered again. If you will not be at the place of delivery at the agreed time, we ask you to contact us to organise delivery on another day.
If after 30 days from the date your order is available for delivery, the order could not be delivered for reasons not attributable to us, we shall assume that you wish to cancel the Contract and it will be terminated. As a result of the termination of the Agreement, we will return to you all payments received from you without any undue delay, and at any rate, within 14 days of the date on which this Agreement has been terminated.
Please keep in mind that transport derived from the termination of the Contract may have an additional cost which we will be entitled to pass on you.
- TRANSMISSION OF RISK AND OWNERSHIP OF THE PRODUCTS
The product risks shall be your responsibility from the moment of delivery.
You will take ownership of the products when we receive full payment of all amounts due in relation to the same, or at the moment of delivery (as defined in clause 9 above), if that were to take place at a later time.
- PRICE AND PAYMENT
The price of the products will be as stipulated at all times on our website, except in the case of an obvious error. Although we make every effort to ensure that the prices featured on the web page are correct, errors may occur. If we discover an error in the price of any of the products that you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and all amounts paid will be reimbursed to you in full.
We are not obliged to provide you with any product at the incorrect lower price (even when we have sent the Delivery Confirmation) if the error in the price is obvious and unmistakable and could have reasonably been recognized by you as an incorrect price.
The prices on the website are in EUR and include VAT.
Prices may change at any time. However, except as stipulated above, the changes shall not affect the orders for which we have sent an Order Confirmation.
Once you have selected all items that you wish to buy, those will have been added to your shopping cart and the next step will be to process the order and make payment. To that end, you must follow the steps of the purchase process, filling up or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order. You are provided with a detailed description of the purchase process in the FAQs. Also, if you are a registered user, a record of all the orders placed by you is available in “My Account” area.
You may use, as payment method, cards Visa, MasterCard, Visa Electron and Maestro.
To minimize the risk of non-authorized access, your credit card details will be encrypted.
When you click “Place order”, you are confirming that the credit card is yours.
Credit cards are subject to verification and authorization by the card issuing entity, but if the entity does not authorise the payment, we shall not be liable for any delay or failure to deliver, and we will be unable to formalize any Contract with you.
- BUYING GOODS AS A GUEST
The functionality of buying goods as a guest is also available on the website. Under this type of purchase, only such data that are essential to process your order will be requested from you. Upon completion of the purchase process, you will be offered the possibility of registering as a user or continue as a non-registered user.
- VALUE ADDED TAX
Pursuant to the prevailing rules and regulations in force, all purchases done through the web site are subject to the Value Added Tax (VAT).
In this regard and pursuant to Chapter I of Title V of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, the place of supply shall be deemed to be within the Member State of the address where items shall be delivered, and applicable VAT shall be at the prevailing rate in each Member State where items are to be supplied as per the orders placed.
- RETURN POLICY
Returning an item
When shopping on Peachy Vibes you have the right to return your items within 365 days after receiving the item or the last item if the delivery was partial (pt. 10.).
Please visit the Returns Policy page for more information.
To meet the returns deadline, it is sufficient for you to send the email concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Items have to be returned in the same condition in which you received them including all their original packaging, instructions, and other documents, if any, accompanying the products.
Note that we do not accept unsolicited returns returns. Such returns will be sent back to the sender.
After examining the returned items, we will inform you of whether you have the right to full refund. A refund will be made for the amount paid for returned products as well as for the shipping costs to refund the items. The refund is made in 14 days from the day on which we are informed about your decision to return products or from the day we receive the return.
- LIABILITY AND WAIVING LIABILITY
Unless otherwise indicated expressly in these Conditions, our liability regarding any product acquired on our website shall be limited strictly to the price of purchase of said product.
Notwithstanding the above, our liability shall not be waived nor limited in the following cases:
- In case of death or personal harm caused by our negligence;
- In case of fraud or fraudulent deceit;
- In any case in which it were illegal or illicit to exclude, limit or attempt to exclude or limit our liability.
Notwithstanding the paragraph above, and to the extent legally allowed, and unless these Conditions indicate otherwise, we shall not accept any liability for the following losses, regardless of their origin:
- loss of income or sales;
- loss of business;
- loss of profits or contracts;
- loss of forecast savings;
- loss of data;
- loss of management time or office hours.
Due to the open nature of this website and the possibility of errors in storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained by means of this website, unless otherwise indicated expressly.
All product descriptions, information and materials shown on this website are provided “as is”, with no express or implied guarantees on the same, except those legally established. In this sense, if you are contracting as a consumer or user, we are obliged to deliver goods that are in conformity with the Contract, being liable to you for any lack of conformity which exists at the time of delivery.
It is understood that the goods are in conformity with the Contract if they:
- comply with the description given by us and possess the qualities that we have presented in this website,
- are fit for the purposes for which goods of the kind are normally used;
- show the quality and performance which are normal in goods of the same type and can which can reasonably be expected. To the extent permitted by law, we exclude all guarantees, except those that may not be excluded legitimately in favor of consumers and users.
The products that we sell, especially artisan products, often have the characteristics of the natural materials used in manufacturing them.
These characteristics, such as variations in grain, texture and color, may not be considered defects or damage. On the contrary, you must count on their presence and appreciate them. We select only products of the highest quality but natural characteristics are inevitable and should be accepted as part of the individual appearance of the product.
The provisions in this clause shall not affect your rights as a consumer and user, nor your right to cancel the Contract.
- INTELLECTUAL PROPERTY
You recognise and agree that all copyrights, registered trademarks and other intellectual property rights to the materials or contents provided as part of the website belong to us (unless stated otherwise) at all times or to those who grant us license for their use. You may use said material only to the extent that we or the usage licensers authorise it expressly. This does not prevent you from using this website to the extent necessary to copy the information on your order or contact details.
- VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You must not make undue use of this website by intentionally introducing a virus, Trojan horse, worm, logic bombs or any other software or technologically damaging or harmful material. You shall not attempt to make unauthorised access to this website, the server on which the site is housed or any server, computer or database related to our website. You agree not to attack this website through any attack of denial of service or an attack of distributed denial of service.
Failure to comply with this clause shall be considered an infraction as defined under the applicable regulations. We will report any failure to comply with this regulation to the corresponding authorities, and we will cooperate with them to determine the identity of the attacker. Likewise, in the event of failure to comply with this clause, authorization to use this website shall be suspended immediately.
We shall not be held liable for any damage or harm resulting from a denial of service attack, virus or any other software or technologically damaging or harmful material that may affect your computer, IT equipment, data or materials as a result of using this website or downloading content from the same or those to which this site redirects you
- LINKS FROM OUR WEBSITE
If our website contains links to other websites and third-party materials, said links are provided for information purposes only and we have no control whatsoever over the content of those websites or materials. Therefore, we shall not accept any liability for any damage or harm deriving from their use.
- WRITTEN COMMUNICATION
The applicable regulations require that some of the information or notification that we send to you be in written form. By using this website, you agree that most of the communication with us will be electronic. We will contact you by email or we will provide you information by posting alerts on this website. For contractual purposes, you agree to use this electronic means of communication and accept that all contracts, information and other communication that we send you electronically complies with the legal requirements of providing it in writing. This condition will not affect your rights as recognized by law.
The notifications that you send us must be sent to [email protected] Pursuant to the provisions in clause 20 above, and unless otherwise stipulated, we may send you notifications by email you provided us when placing an order.
It shall be understood that the notifications have been received and have been carried out correctly as soon as they are posted on our website or 24 hours after they have been sent by email. As proof that the notification has been sent it shall be sufficient to prove that the notification was sent to the email address specified by the recipient.
- TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract is binding for both you and us, as well as for our respective successors, transferees and heirs.
You may not transmit, cede, levy or in any other way transfer a Contract or any of the rights or obligations derived from the same, without having obtained our written consent in advance.
We may transmit, cede, levy, subcontract or in any other way transfer a Contract or any of the rights or obligations derived from the same, at any time during the life of the Contract. To avoid any doubt, said transmissions, cessions, levies or other transfers shall not affect the rights that, as applicable, you have as a consumer recognized by law or cancel, reduce or limit in any way the express and tacit guarantees that we may have given you.
- EVENTS BEYOND OUR CONTROL
We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under a Contract when caused by events that are beyond our reasonable control (“Force Majeure”).
Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:
- Strike, lockout or other forms of protest.
- Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war
- Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.
- Inability to use trains, ships, aircraft, motorised transport or other means of transport, public or private.
- Inability to use public or private telecommunication systems
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
- Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.
It shall be understood that our obligations deriving from Contracts are suspended during the period in which Force Majeure remains in effect, and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfil our obligations by virtue of the Contract despite the situation of Force Majeure.
- WAIVING RIGHTS
The lack of requirement on our part for strict compliance on your part with any of the obligations assumed by you by virtue of a Contract or these Conditions or a lack of exercising on our part of the rights or actions that correspond to us by virtue of this Contract or of the Conditions shall not constitute the waiving or limitation of said rights or actions, nor exonerate you from fulfilling said obligations.
The waiving on our part of a specific right or action shall not constitute the waiving of other rights or actions derived from the Contract or from the Conditions.
The waiving on our part of any of these Conditions or of the rights or actions derived from the Contract shall not take effect unless expressly stipulated that it is a waiving of rights and is formalised and notified to you in accordance with the provisions of the Notifications section above.
- PARTIAL ANNULMENT
Should any of these Conditions or any provisions of a Contract be declared null and void by firm resolution from the corresponding authority, the remaining terms and conditions shall remain in effect without being affected by said declaration of annulment.
- ENTIRE AGREEMENT
These Conditions and any document referenced in the same constitutes the entire agreement between you and us as regards the purpose of the same, replacing any previous pact, agreement or promise made between you and us verbally or in writing.
You and ourselves acknowledge that we have agreed to enter into the Contract without depending on any declaration or promise made by the other party or that could have been inferred from any statement or document in the negotiations entered into by the two parties prior to said Contract, except those expressly mentioned in these Conditions.
Neither you nor ourselves shall take any action regarding any untrue statement made by the other party, verbally or in writing, prior to the date of the Contract (unless said untrue statement was made fraudulently) and the only action that may be taken by the other party shall be due to breach of contract in accordance with the provisions of these Conditions.
- OUR RIGHT TO MODIFY THESE CONDITIONS
We have the right to review and modify these Conditions at any time.
You are subject to the policies and Conditions in effect at the moment in which you use this website or place each order, except when by law or decision of governmental entities we must make changes retroactively to said policies, Terms or Privacy Statement, in which case the possible changes will also affect orders made previously by you.
- APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and the product purchase contracts through said website shall be governed by Latvian legislation.
Any controversy that arises or is related to the use of the website or said contracts shall be subject to the non-exclusive jurisdiction of the Latvian courts. If you are entering into the contract as a consumer, nothing in this clause shall affect the rights you have, as recognized in any applicable legislation in effect.
If you as customer consider your rights to have been breached, you can address your complaints to us via the email address [email protected] in order to seek an out-of-court settlement.
In this regard, if the purchase between you and us has been concluded online through our website, we hereby inform you, in line with EU Regulation No. 524/2013, that you are entitled to seek such out-of-court settlement through the platform for online dispute resolution, accessible through the Internet address http://ec.europa.eu/consumers/odr/.
For consumer dispute resolutions in Latvia, you are advised to contact Consumer Rights Protection Center in the first instance at http://www.ptac.gov.lv/en.
If you are entering into the contract as a consumer, nothing in this clause shall affect the rights you have, as recognised in any applicable legislation in effect.
- COMMENTS AND SUGGESTIONS
Your comments and suggestions are always welcome. Please send any comments and suggestions through our Contact page.
Last updated on: July 12th, 2020