TERMS AND CONDITIONS

Last modified: 27.05.2020

1. General and Application

Welcome to the website of SIA "Stella-A.B." (hereinafter referred to as the “Seller”, “Company”, “we” or “us”).

The Website is operated by SIA "Stella-A.B.", a limited liability company duly registered and functioning under the laws of the Republic of Latvia, registered with the Commercial Register under No. 40103073801, VAT number: LV40103073801, having its registered office at Riga, Vangazu Street 5, LV-1024, Latvia.

Following terms and conditions apply to every business relation between the Seller and the Customer in its current version at the time of order, as well as your use of www.weyergans.co.uk (the “Website”), including any content, features, items, functionality and services offered on or through the Website.

Consumer means, in terms of these general terms and conditions, every natural person who enters into a legal transaction for a purpose that is outside its trade, business or profession. An Entrepreneur means, in terms of these general terms and conditions, a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of its trade, business or profession. Customers in terms of these terms and conditions are Consumers, as well as Entrepreneurs.

Individual contract agreements have priority ante these general terms and conditions. Diverging, conflicting or complementary general terms and conditions do not become a part of the contract, unless, their validity is expressly agreed.

We may revise and update these terms and conditions from time to time in our best judgment. All changes are effective immediately when we post them and your continued use of the Website following the posting of revised terms and conditions means that you accept and agree to the changes. Without prejudice to the above, you are expected to check this page each time you access the Website to take notice of any changes we made so that you become aware of such changes, as they are binding on you.

We collect and process your personal data in accordance with the data protection legislation applicable at the national and also the European Union level, including the Regulation (EU) 2016/679 of the European Parliament and Of The Council of 27 April 2016 (General Data Protection Regulation). If you provide us with any personal data by using the Website, we kindly ask you to read our Privacy Policy.

2. Conclusion of the contract

The presentation of the goods on the Website of the Seller does not constitute an offer in the legal sense, but only an invitation to the Customer to place an offer in the legal sense. The ordered goods can, due to different technical factors, slightly diverge from the goods shown on the Site, in particular this may lead to color variations, as far as reasonable.

The Customer can order on the Seller’s Website or by email. The Customer’s order is a binding offer of the ordered product.

The Seller will confirm the entrance of the Customer’s order by email within 3 business days.

The contract is concluded when the Customer initiates the payment order.

When the Customer orders on electronic way, the Seller stores the contract text and sends it to the Customer by email with the legally effective terms and conditions.

3. Retention of title and rescission

With Consumers the Seller reserves himself the property of the product up to the entire payment of the purchase price. With Entrepreneurs the Seller reserves himself the property of the product up to the entire settlement of debt from a current business relation.

With behavior contrary to the contract of the buyer, in particular with default, misstatements of the Customer about his credit rating or if insolvency proceedings are opened regarding the assets of the buyer, the Seller is entitled to withdraw from the contract and to demand the products back in case that the consideration has not been entirely or completely fulfilled.

4. Prices

The quoted price is binding. Prices include statutory Value Added Tax. Additionally, incurred shipping costs are detailed in the shipping costs overview/delivery restrictions. Packaging costs are already included in this delivery costs.

5. Payment terms

You will be able to pay for the goods with bank transfer on the basis of an invoice we will send you or with credit/debit card directly from our Website, when making the order.

6. Delivery

Goods are shipped to Great Britain, Northern Ireland, and Ireland.

Goods are shipped within 3 business days after confirmation of order and receipt of the payment for the goods.

If a tracking number is provided by the courier, we will update your order with the tracking information.

Delivery is approximately 7-14 business days (however, may take longer if delivery is affected by such global events as Covid-19 pandemic).

The delivery period begins one day after placing the order and paying for the goods. In case that the period begins or ends on a Saturday, Sunday or public holidays, that period shall then be postponed to the next working day.

Delivery will take place during business days and business hours to the provided address.

If item(s) are out of stock at the time of placing the order, we will contact you and offer to adjust the order or to deliver the missing goods later with no additional shipping costs.

Orders below 100.00 GBP will be charged additional 15.00 GBP for delivery costs.

Orders above 100.00 GBP will be eligible for free shipping at checkout.

7. Statutory right of withdrawal

Consumer can withdraw from the contract declaration for remunerated contracts under the following conditions:

7.1. Cancellation right for consumers for purchase contracts/new contracts in distance selling

You have the right to cancel this contract within fourteen days without statement of reasons.

The cancellation deadline is fourteen days from the day that you or a third party nominated by you, but not the carrier, took possession of the last item.

To exercise your cancellation right you must contact us (SIA "Stella-A.B.", Riga, Vangazu Street 5, LV-1024, Latvia, email: [email protected]) with a clear statement about your decision to withdraw from this contract. You may use the provided withdrawal form (see below), but this is not required.

For observance of the cancellation deadline it is sufficient if you send notification of your desire to exercise your cancellation rights before the expiry of the cancellation deadline.

If you withdraw from this contract we must refund all payments that we have received from you including any delivery costs (with exception of additional costs that resulted from your selection of a delivery method that deviates from the cheapest standard delivery offered). For the refunded payment we will use the same payment method as you used in the original transaction, unless we explicitly agree to something else; in no case will a fee be changed for this repayment.

We may delay the repayment until we have received the returned goods or until you have provided evidence that you have sent the goods back, depending on which occurs first.

You must send or deliver the goods back to us immediately or at the latest within fourteen days of the day on which you informed us of your withdrawal from this contract. The deadline is met if you send the goods before expiry of the fourteen day deadline. You pay the direct cost of returning the goods.

You must only pay for any loss in value if this is the result of handling that goes beyond standard examination of the quality, characteristics and functioning of the items.

Goods can only be returned if they are unopened, unused and in a re-saleable condition with all tamper-resistant seals, packaging and any cellophane intact and unopened.

The cancellation right is excluded for contracts

• for delivery of goods that are not prefabricated, where individual selection by the consumer is significant in the manufacture or which are clearly tailored to the personal needs of the customer,
• for delivery of goods that spoil quickly or whose expiry date is easily exceeded,
• for delivery of newspapers, magazines or illustrations, with the exception of subscription contracts.

The cancellation right expires prematurely for contracts:

• for delivery of sealed goods that are not suitable for returns due to health or hygiene reasons once their seal is removed after delivery,
• for delivery of goods if after delivery their character means that they are irreversibly combined with other goods.

7.2. Withdrawal form template

8. Passing of risk

In case of Consumers, the risk of accidental loss and accidental deterioration of the sold product shall pass to the Consumer at the time of the handover of the goods to the Customer.

In case of Entrepreneurs, the risk of accidental loss and accidental deterioration of the sold product shall pass to the Entrepreneur once the goods have been given to the shipper, carrier or to the forwarding agent or company.

This shall apply even if the Customer is in default of acceptance.

9. Warranty

The Customer has a statutory right of warranty, which is modified according to paragraphs 9 & 10 from these General Terms and Conditions.

The delivered products can slightly diverse from the products shown on the internet.

In case of non-conformity of the goods, the Customer is entitled to supplementary performance in the form of remedy of the defect or delivery of conforming goods. The Seller is entitled to disagree with the elected form of supplementary performance when this leads to excessive costs and remains other supplementary performance which does not considerate significant disadvantages for the Consumer. In case of agreements with the Entrepreneur, the Seller is entitled to choose by himself the form of remedy of supplementary performance or delivery.

If the supplementary performance misses, the Customer is entitled to demand a reduction of the purchase price or to withdraw from the contract as well as to demand compensation. A withdraw from the contract is excluded – taking into consideration the interest of both parties – if the defect is irrelevant.

Entrepreneurs shall inform the Seller about defects at the latest within two weeks after receiving the goods; otherwise the enforcement of the warranty claim is excluded. To meet the deadline, timely mailing, or notice, shall suffice.

If the Customer is an Entrepreneur, only the product description of the manufacturer is valid as a description of the product. Public statements, targeting or advertising of the manufacturer show no stipulated description of the product.

Only usable goods will be sold. The expiry date after opening of the goods will be clearly stated on the packaging.

The Seller hands no guarantees in the legal sense over the Customer. Manufacturer's guarantees remain unaffected.

10. Liability

With slightly negligent breaches of duty the liability limits on, depending the kind of product, predictable, contractual, immediate average damages. The Seller is not liable for slightly negligent violation of inessential contractual obligations. However, the Seller is liable for the violation of the Customer’s essential contract obligated legal positions. Essential contract obligated legal positions are those which the contract has to grant to the Customer according to the subject matter and purposes of the contract. The Seller is further liable for the violation of liabilities whose fulfilment allows the proper realization of the contract and in whose realization the Customer shall trust.

The preceding restrictions of liability do not concern Customer’s claims from guarantees and/or product liability. The restrictions of liability will not be applied in case of fraudulent intent, violation the essential contractual obligations nor if the Supplier is accusable of personal injury, impairment to health and death of the Customer.

The Seller is only liable for the own contents of his online shop on the Website. As far as access to other web pages by means of links is possible, the Seller is not responsible for the external content. The Seller does not embrace the external content. In case that the Seller is informed about illegal contents on external web pages, he will immediately block the access to those sites.

11. Intellectual property rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are: (1) owned by the Company, its licensors, other companies and providers of such material; and (2) protected by Latvian and international copyright, trademark, patent, trade name and/or other intellectual property or proprietary rights laws.

You are not allowed to copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website.

You are not allowed to reproduce, sell or exploit for any commercial purposes any part of the Website, access to the Website or use of the Website or any services or materials available through the Website.

The term “Weyergans”, and all related names, logos, product and service names, designs and slogans are trademarks or trade names owned by respective third parties. You are not allowed to use such marks, either registered or not, without the prior written permission of respective owners.

The term “Stella-A.B.s”, and all related names, logos, product and service names, designs and slogans are trademarks or trade names owned by SIA Stella-A.B. You are not allowed to use such marks, either registered or not, without the prior written permission of SIA Stella-A.B.

All other names, brands and marks are used for identification purposes only and are the trademarks or trade names of their respective owners.

12. Final Clause, arbitration

This agreement shall be governed by the laws of the Republic of Latvia. The UN Convention on Contracts for the International Sale of Goods regulations shall not be applied.

We are obligated to inform you that the European Commission is providing a relevant online platform for so-called online dispute resolution. You can access this platform via the following link: https://ec.europa.eu/consumers/odr/. We are furthermore obligated in this context to provide you with our email address. The email address is the following: [email protected].

We always do our best to mutually resolve any disagreements with the customers that arise from existing contracts. However, we would like to point out that we are not obliged to take part in a consumer arbitration process and also unfortunately don't offer participation in such a process to our customers.

PRIVACY POLICY

Last modified: 06.05.2020

Introduction

SIA "Stella-A.B.", a limited liability company duly registered and functioning under the laws of Latvia, registered with the Commercial Register under no. 40103073801, having its registered office at Riga, Vangazu street, LV-1024, Latvia (the “Company”, “We” or “Us”), respects your privacy and is committed to protecting it through compliance with this Privacy Policy.

The Company is the controller in respect of the processing of your personal data within the meaning of the Regulation (EU) 2016/679 of the European Parliament And Of The Council of 27 April 2016 (“GDPR”).

This Privacy Policy describes the personal information that we collect from you, or that you provide on www.weyergans.co.uk (our “Website”) and how that information may be used by us.

Our Privacy Policy does not apply to information collected on any third-party website that may link to or be accessible from our Website.

Please read the following carefully to understand our policies and practices regarding your personal information and how we will treat it.

Information We Collect About You

We only process your data if you have given us your express consent or if the relevant laws permit or oblige data processing.

We would be happy to provide you with detailed information about how we handle your data at the Company. If you have any comments or questions about data protection, you can contact us at any time by e-mail at [email protected] . We are happy to assist you at any time.

The following data protection notices inform you about the type and scope of the processing of so-called personal data by the Company. Personal data is information that can or can be assigned to a person, directly or indirectly.

Data processing by the Company can essentially be divided into two categories:

• When you access the Website, various information is exchanged between the end device and our server. This can also be personal data. The information collected in this way is used, among other things, to handle the business transaction. Your data will only be passed on if this is necessary to process an order.
• For purposes of advertising in the form of circulars, we only process your data if you have given your separate consent.

Your Privacy is Our Concern

We are pleased that you are interested in our Company and our products and services and would like you to feel safe when visiting our Website with regard to the protection of your personal data. Because we take the protection of your personal data seriously. It goes without saying that we comply with the provisions of the GDPR and other applicable laws and regulations. We want you to know when we collect which data and how we use it. We have taken technical and organizational measures to ensure that the data protection regulations are observed by both us and external service providers.

Personal Data

Personal data is information about your identity. This includes e.g. information such as name, address, telephone number, email address. You do not have to disclose personal data to use our Website. In certain cases, however, we need your name and address and other information so that we can provide the desired services, such as sale of goods. Where necessary, we will inform you accordingly.

In addition, we only save and process data that you provide us with voluntarily or automatically.

If you use services, only data that we need to provide the services is generally collected. If we ask you for further data, this is voluntary information. The processing of personal data takes place exclusively to fulfill the requested service and to safeguard our own legitimate business interests.

Legal Basis for the Processing of Personal Data

Insofar as we obtain the data subject's consent for the processing of personal data, the Article 6, Paragraph 1, Sub-paragraph (a) of the GDPR serves as the legal basis.

When processing personal data, which is necessary for the performance of a contract to which the data subject is a party, the Article 6, Paragraph 1, Sub-paragraph (b) of the GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures. Insofar as processing of personal data is necessary to fulfill a legal obligation to which our Company is subject, the Article 6, Paragraph 1, Sub-paragraph (c) of the GDPR serves as the legal basis.

In the event that vital interests of the data subject or another natural person require the processing of personal data, the Article 6, Paragraph 1, Sub-paragraph (d) of the GDPR serves as the legal basis.

If processing is necessary to safeguard the legitimate interests of our Company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, the Article 6, Paragraph 1, Sub-paragraph (f) of the GDPR serves as the legal basis for processing.

Data Deletion and Storage Duration

The personal data of the data subject will be deleted or blocked as soon as the purpose of storage no longer applies. Storage can also take place if this has been provided for by the European or national legislator in EU regulations, laws or other regulations to which the person responsible is subject. The data will also be blocked or deleted if a storage period prescribed by the standards mentioned expires, unless there is a need for further storage of the data in order to conclude or fulfill a contract.

Purpose of Personal Data

We generally use the personal data you provide to answer your inquiries, process your orders or provide you with access to certain information or offers. In order to maintain customer relationships, it may also be necessary for us or a service company commissioned by us to use this personal data to inform you about product offers that are useful for your business activity or to better serve our customers.

Of course, we respect it if you do not want to give us your personal data to support our customer relationship (especially for direct marketing or for market research purposes). We will neither sell your personal data to third parties nor market it in any other way.

Intended Use

We will only process the personal data you provide online for the purposes communicated to you and your personal data will not be passed on to third parties without your necessary consent. Personal data is only collected and transmitted to state institutions and authorities entitled to receive information only within the framework of the relevant laws or if we are obliged to do so by a court decision. Our employees and the service companies commissioned by us are obliged by us to maintain confidentiality.

Data Processing When Ordering

We may process and save the data relating to the respective customer orders insofar as this is necessary for the execution and processing and as long as we are required to store this data in accordance with are required by law.

When the customer places an order with us, we process the data required for the conclusion, execution or termination of the contract. In addition to the goods ordered by customers, this includes the first name, the last name, the address and - if available - the telephone number and your e-mail address. As part of the processing of your order, we process your address and / or your telephone or mobile number in order to announce the exact delivery date of the orders beforehand by e-mail and / or by phone call or SMS and to make delivery as pleasant as possible for the customer. The legal basis for this is the Article 6, Paragraph 1, Sub-paragraph (b) of the GDPR, i.e. the customer provides us with the data based on the contractual relationship between you and us.

Insofar as we do not use the contact details for advertising purposes, we save the data collected for the execution of the contract until the expiry of the legal or possible contractual warranty and guarantee rights. After the expiry of these periods, we keep the information of the contractual relationship required by commercial and tax law for the legally determined periods on the basis of the Article 6, Paragraph 1, Sub-paragraph (c) of the GDPR. For this period (usually ten years from the conclusion of the contract), the data will be processed again only in the event of a review by the financial administration.

Data Processing for Advertising Purposes

With the exception of the delivery announcement, we only process the telephone or mobile phone numbers and / or the e-mail addresses for our own advertising purposes and only if you have given us your express consent in accordance with the Article 6, Paragraph 1, Sub-paragraph (a) of the GDPR.

Non-personal Data That is Collected Automatically

When using our Website, the following data is stored for organizational and technical reasons: the names of the pages accessed, the browser and operating system used, date and time of access, search engines used, names of downloaded files and their IP address.

We evaluate this technical data anonymously and only for statistical purposes in order to continuously optimize our Website and to make our Website even more attractive. This anonymous data is stored separately from personal information on secure systems and does not allow any conclusions to be drawn about an individual person. Your personal data and your privacy are protected at all times.

COOKIES

Description and Scope of Data Processing

Our Website uses cookies. Cookies are text files that are stored in the internet browser or by the internet browser on the user's computer system. If a user calls up a Website, a cookie can be saved on the user's operating system. This cookie contains a characteristic string of characters that enables the browser to be clearly identified when the Website is called up again.

We use cookies to make our Website more user-friendly. Some elements of our Website require that the calling browser can be identified even after a page change.

The following data is stored and transmitted in the cookies:

• language settings

Legal Basis for Data Processing

The legal basis for the processing of personal data using cookies is the Article 6, Paragraph 1, Sub-paragraph (f) of the GDPR.

Purpose of Data Processing

The purpose of using technically necessary cookies is to simplify the use of Websites for the users. Some functions of our Website cannot be offered without the use of cookies. For this it is necessary that the browser is recognized even after a page change.

The user data collected through technically necessary cookies are not used to create user profiles. In these purposes, our legitimate interest lies in the processing of personal data in accordance with the Article 6, Paragraph 1, Sub-paragraph (f) of the GDPR

Duration of Storage, Objection and Removal Options

Cookies are stored on the user's computer and transmitted from there to our Website. As a user, you therefore have full control over the use of cookies. By changing the settings in your internet browser, you can deactivate or restrict the transmission of cookies. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our Website, it may not be possible to use all functions of the Website to their full extent.

Children

Persons under the age of 18 should not transmit personal data to us without the consent of their parents or legal guardians. We do not request personal data from children and adolescents, do not collect them and do not pass them on to third parties.

Safety

We use the common SSL (Secure Socket Layer) procedure in connection with the highest encryption level, which is supported by your browser. As a rule, this is a 256 bit encryption. If your browser does not support 256-bit encryption, we use 128-bit v3 technology instead. You can tell whether a single page of our Website is being transmitted in encrypted form by the closed representation of the key or lock symbol in the lower status bar of your browser.

We also use suitable technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorized access by third parties. Our security measures are continuously improved in line with technological developments.

Changes to our Privacy Policy

We reserve the right to change our security and data protection measures insofar as this becomes necessary due to technical developments. In these cases we will also adapt our data protection information accordingly. Therefore, please note the current version of our data protection declaration.

Links

If you use external links that are offered on our Website, this data protection declaration does not extend to these links. When we offer links, we strive to ensure that they also comply with our data protection and security standards. However, we have no influence on the compliance with data protection and security regulations by other providers.

Google Analytics

This Website uses Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses so-called "cookies", text files that are stored on your computer and that enable an analysis of your use of the Website. The information generated by the cookie about your use of this Website (including your IP address) is transmitted to a Google server in the USA and stored there.

Google will use this information to evaluate your use of the Website, to compile reports on Website activity for Website operators and to provide other services related to Website activity and internet usage. Google may also transfer this information to third parties if this is required by law or if third parties process this data on behalf of Google.

Under no circumstances will Google link your IP address with other Google data. For this purpose, the precautions have been taken to ensure that your IP address is only saved in abbreviated form. You can prevent the installation of cookies by setting your browser software accordingly; however, please note that if you do this you may not be able to use the full functionality of this Website. By using this Website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

You can also prevent the use of this service. Google Analytics provides a corresponding tool for this: https://tools.google.com/dlpage/gaoptout?hl=en